Parmanand Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55042 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -KHIJARSARAI District- GAYA ====================================================== Parmanand Chouhan, Son of Ganpat Chouhan @ Sadhu Chouhan, Resident of Village - Beldari, P.S. - Khizarsarai, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Veer, Advocate. For the Opposite Party/s : Mr. Ram Sevak Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khizarsarai P.S. Case No. 95 of 2017 instituted for the offence under Sections 341, 323, 504, 509 and 307/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The instant case is a counter blast of Khizersarai P.S. Case No. 96 of 2017 instituted by the petitioner against the informant and others. In the instant case there is allegation that these petitioners have assaulted the informant and others.

The injury report of the injured has been enclosed as Annexure-2 wherein the Doctor has found no injury on any vital part of the body of any of the injured.

Patna High Court Cr.Misc. No.55042 of 2017 (2) dt.16-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Khizersarai P.S. Case No. 95 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.