Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38248 of 2017 Arising Out of PS.Case No. -139 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Anil Rai, son of Chanarik @ Chandrika Rai, R/o Village- Khapura, P.S.- Bidupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 18-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bidupur P.S. Case No.139 of 2017 instituted for the offence under Section(s) 307, 120-B/34 Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that in the written report it is alleged that five persons shot fire from fire arms, but there is no specific allegation that whose shot hit the Informant. It has further been submitted that there is dispute with regard to Panchayat Election. Petitioner has clean antecedents. Informant has alleged that he sustained two gun shot injuries; one on the waist and another on the leg. In the case diary, there is mention of two gun shot injuries, but opinion was

Patna High Court Cr.Misc. No.38248 of 2017 (5) dt.18-10-2017 2/2 kept reserved as patient was referred to Sadar Hospital. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bidupur P.S. Case No.139 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XIV, Vaishali at Hajipur, 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.