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Patna High CourtCR. MISC./40978/2017bail granted

Sharu Rai @ Satendra Rai @ Sheru Rai v. The State Of Bihar

2017-09-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40978 of 2017 Arising Out of PS.Case No. -442 Year- 2015 Thana -SONEPUR District- SARAN ====================================================== Sharu Rai @ Satendra Rai @ Sheru Rai Son of Bachchu Rai, R/o VillageSabalpur Newaltola, P.S.- Sonepur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sonepur P.S. Case No. 442 of 2015 instituted for the offence under Sections 341, 323, 379, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that there is specific allegation of making firing against Pappu Rai. There is general and omnibus allegation against the petitioner that he entered into the house of the informant and took away utensils from the house. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sonepur P.S. Case No. 442

Patna High Court Cr.Misc. No.40978 of 2017 (2) dt.07-09-2017 2/2 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra, 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. (Sanjay Priya, J) S.Ali/- U T