Babloo Jha @ Amit Raj @ Babul Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5759 of 2018 Arising Out of PS.Case No. -71 Year- 2016 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Babloo Jha @ Amit Raj @ Babul Jha, Son of Anil Kumar Jha @ Barak Jha, under the guardianship father, Resident of Village- Telhara Kala, Police Station- Kundwa Chainpur, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Shivendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Lalan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Trial No. 1157 of 2016 arising out of Kundwa Chainpur P.S. Case No. 71 of 2016 instituted for the offence under Sections 307, 302, 504, 34 of the Indian Penal Code and Section 27 of the ArmsAct. As per written report there is specific allegation of causing firearm injury to the wife of the informant against Suman Saurabh, on account of which, she died.

In the written report there is general and omnibus allegation against the petitioner.

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

Patna High Court Cr.Misc. No.5759 of 2018 (3) dt.22-02-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Trial No. 1157 of 2016 arising out of Kundwa Chainpur P.S. Case No. 71 of 2016, 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 Juvenile Justice Board, Motihari, East Champaran, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.