Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55580 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -AGIAUN District- BHOJPUR ======================================================

1. Kamlesh Yadav S/o Shesh Nath Yadav, R/o Village- Lasadhi, P.S.- Agiaon (G), District- Bhojpur at Ara (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Agion (G) P.S. Case No. 42 of 2017 instituted for the offence under Section-307 & other minor Sections of the Indian Penal Code and 27 of the Arms Act. It has been submitted on behalf of the petitioner that there is allegation against the petitioner that he fired and his firing passed after injuring his chin.

The learned Sessions Judge has mentioned in the impugned order that the doctor has found simple injury on the chin of the informant, caused by hard and blunt substance. Learned Sessions Judge has also mentioned in the impugned order that there is case and counter case between the parties. 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

Patna High Court Cr.Misc. No.55580 of 2017 (2) dt.23-11-2017 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 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Agion (G) P.S. Case No. 42 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateVII, Bhojpur at Ara 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