Nageshwar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15995 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Nageshwar Singh Son of Late Gaya Singh, Resident of Village- Jamuna , P.S.-Chapra Mufssil , District- Saran at Chapra. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and the State.
The petitioner apprehends his arrest in Chapra Muffasil P.S. Case No. 314 of 2016 instituted for the offence under Section (s) 341, 323, 324, 379, 34 of the Indian Penal Code. There is allegation against the petitioner in the written report that he assaulted with bat on the leg of the informant. It is further alleged that co-accused Satish Kumar assaulted with knife on left hand of the informant which caused bleeding injury on the middle finger of the left hand of the informant.
The injury report of the informant has been brought on record by way of Annexure-2, wherein the doctor has
Patna High Court Cr.Misc. No.15995 of 2017 (2) dt.02-05-2017 2/2 not found any injury on the leg of the informant. In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Chapra Muffasil P.S. Case No. 314 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 Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) of 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) Shageer/- U T