Patna High CourtCR. MISC./41119/2016bail granted

Jaglal Chaudhary v. The State Of Bihar

2016-09-28Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41119 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Jaglal Chaudhary Son of Fakira Chaudhary Resident of VillageChanhera, PS Ekangarsarai, District Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Ekangarsarai Police Station Case No. 82 of 2016, disclosing offences under Sections 147/148/149/ 341/323/308/504/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that allegation of assault made against the accused persons, including the present petitioner, is general and omnibus and there is nothing specific against this petitioner. He has also submitted that the general allegation against the accused persons is of making assault with lathi, danda and stone chips, which do not constitute offence under Section 307 of the Indian Penal Code.

Patna High Court Cr.Misc. No.41119 of 2016 (2) dt.28-09-2016 2/2 Considering the above submission, this application is allowed.

Let the petitioner, Jaglal Chaudhary, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Ekangarsarai Police Station Case No. 82 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √