Patna High CourtCR. MISC./43010/2017bail granted

Sintu v. The State Of Bihar

2017-09-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43010 of 2017 Arising Out of PS.Case No. -97 Year- 2017 Thana -AMDABAD District- KATIHAR ====================================================== Sintu, Son of Sk. Asrat, Resident of Village- Bairiya, P.S.- Amdabad, District- Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Amdabad P.S. Case No. 97 of 2017, disclosing offences under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel, appearing on behalf of the petitioner, appears to be right in his submission that there is specific allegation of overt act against co-accused, namely, Barul Khan. Except the allegation that the petitioner was also accompanying the said Barul Khan,

Patna High Court Cr.Misc. No.43010 of 2017 (2) dt.20-09-2017 2/2 there is no allegation of any overt act against this petitioner.

Considering the nature of accusation made in the First Information Report, this application is allowed. Let the petitioner, above named, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar, in connection with Amdabad P.S. Case No. 97 of 2017, 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/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T