Musan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58305 of 2017 Arising Out of PS.Case No. -204 Year- 2017 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Musan Choubey, Son of Late Shrawan Choubey, resident of village Gara, Police Station Nuaon (Ramgarh), District- Kaimur (Bhabhua). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ramgarh (Nuaon) P.S. Case No. 204 of 2017 instituted for the offence under Sections-379, 427 & other minor Sections of the Indian Penal Code. It has been submitted that there is general and omnibus allegation against this petitioner that he along with 50-60 other persons arrived in the hospital and caused damage to the hospital property and also assaulted the doctors present in the hospital. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his 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

Patna High Court Cr.Misc. No.58305 of 2017 (2) dt.19-12-2017 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ramgarh (Nuaon) P.S. Case No. 204 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua 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