Ram Jiwan Choudhary @ Jiwan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2710 of 2018 Arising Out of PS.Case No. -165 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Ram Jiwan Choudhary @ Jiwan Sahni, Son of late Gurusharan Choudhary, Resident of Village- Purnahi, P.S. Warisnagar, District Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Praveen, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Warisnagar P.S. Case No. 165 of 2015 (G.R. No. 1938 of 2015) instituted for the offence under Sections 393, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is allegation that some unknown criminals caused firearm injury to Arjun Saw who was taken to Hospital.

Learned counsel for the petitioner has submitted that he is not named in the written report. The name of this petitioner has been taken by co-accused Manoj Kumar Rai in his confessional statement before the police.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.2710 of 2018 (3) dt.22-03-2018 2/2 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 Warisnagar P.S. Case No. 165 of 2015 (G.R. No. 1938 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, Samastipur, 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.Ali/- U T