Patna High CourtCR. MISC./31866/2017bail granted

Satya Prakash @ Satya Prakash Singh v. The State Of Bihar

2017-07-13Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.31866 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31866 of 2017 Arising Out of PS.Case No. -141 Year- 2017 Thana -BATHNAHA District- SITAMARHI ====================================================== Satya Prakash @ Satya Prakash Singh Son of Ram Balak Singh, Resident of Village-Kamargama, P.S.Bathnaha, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bathnaha P.S. Case No. 141 of 2017 instituted for the offence under Sections307, 302 & other minor sections of the Indian Penal Code. As per written report, five accused persons, namely, Sanjay Singh, Vijay Singh, Kaushlendra Singh, Bhuneshwari Nandan Singh and Rambali Ram fired with fire-arms on the brother and father of the informant. The father of the informant later on succumbed to the injuries. The injury report of the brother of the informant and postmortem report of father of the informant have been annexed with supplementary affidavit wherein the doctor has found fire-arm injury on the persons of the injured and the deceased.

Patna High Court Cr.Misc. No.31866 of 2017 (2) dt.13-07-2017 The allegation against this petitioner is that he was also standing at the place of occurrence armed with Lathi. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bathnaha P.S. Case No. 141 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi subject to condition as laid down u/S 438(2) of the 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) A.K.V.