Ram Dular Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58058 of 2017 Arising Out of PS.Case No. -19 Year- 2005 Thana -ADHAURA District- BHABHUA (KAIMUR) ======================================================

1. Ram Dular Singh, son of late Chilar Singh, resident of Village- Amhara, P.S.- Audhaura, District- Kaimur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Audhaura P.S. Case No.19 of 2005 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It has been submitted that police after investigation has submitted Final Form against the petitioner, but cognizance has been taken by the court below against the petitioner also. There is no allegation of any specific overt act against this petitioner although he is named in the First Information Report. It has further been submitted that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.58058 of 2017 (2) dt.19-12-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Audhaura P.S. Case No.19 of 2005, 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 Chief Judicial Magistrate, Kaimur at Bhabhua, 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) JA/- U T