Ashok Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.39943 of 2017 (2) dt.30-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39943 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Ashok Sahni S/o Shukhdeo Sahni resident of Village- Bhikhanpura, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ahiyapur P.S. Case No. 88 of 2017 instituted for the offence under Sections-186, 307, 379 & other minor Sections of the Indian Penal Code. It has been submitted that there is general and omnibus allegation against this petitioner, on the basis of disclosure of his name by the chowkidar. In the written report, it is alleged that on account of road accident, the petitioner and other accused persons blocked road and also started damaging the vehicle and obstructed the police in performing official duty.

From the written report itself, it appears that there is general and omnibus allegation against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his

Patna High Court Cr.Misc. No.39943 of 2017 (2) dt.30-08-2017 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 in Ahiyapur P.S. Case No. 88 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur 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./- U T