Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47411 of 2017 Arising Out of PS.Case No. -76 Year- 2015 Thana -RAMPUR District- GAYA ====================================================== Abhay Kumar, S/o Amar Nath, Resident of Mohallah- White House Compound, Gaya, P.S.- Rampur, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rampur P.S. Case No. 76 of 2015 instituted for the offence under Sections 341, 323, 504 and 307/34 of the Indian Penal Code. It has been submitted that petitioner has no criminal antecedent. The altercation has taken place for playing cricket. There is allegation against the petitioner that he assaulted the brother of the informant with iron rod, but no injury report has been mentioned in the impugned order. It has further been submitted that matter has been compromised between the parties as would appear from Annexure-2.

The other co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.47411 of 2017 (3) dt.31-10-2017 2/2 dated 22.07.2015 passed in Cr. Misc. 27871 of 2015. 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 Rampur P.S. Case No. 76 of 2015 (G.R. No. 1261 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, Gaya, 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.