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Patna High CourtCR. MISC./48646/2016bail granted

Sonu v. The State Of Bihar

2016-12-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48646 of 2016 Arising Out of PS.Case No. -330 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Sonu Son of Biku Rajak, resident of Village- Patawatoli, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2016 Heard the counsel for the petitioner and Mr.Dayal, A.P.P. for the State.

Petitioner prays for grant of anticipatory bail in Lalganj P.S. Case No.330 of 2015 registered under Sections 147, 148, 149, 353 and 427 of the Indian Penal Code. In brief, the prosecution case is that upon death of Rajendra Chaudhary in an accident the villagers became violent and ransacking the house of the driver of the vehicle damaged some property. When the informant went to control the situation the mob also damaged the vehicle and scuffled with him. It is submitted by the learned counsel for the petitioner that the allegation is general and omnibus. Petitioner has clean antecedent. It is further submitted that co-accused Chandan

Patna High Court Cr.Misc. No.48646 of 2016 (2) dt.16-12-2016 2/2 Ram having identical allegation has already been extended the privilege of anticipatory bail vide order dated 06.12.2016 passed in Cr.Misc. No.51602 of 2016.

Considering the above, in the event of arrest or surrender in the court below within four weeks, the petitioner, abovenamed, is directed to be released on bail on anticipatory bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, in Lalganj P.S. Case No.330 of 2015 subject to the conditions as laid down under Section 438(2) of Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear on each and every date fixed in the court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the trial court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) AnilKrSinha/- U T