Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29546 of 2018 Arising Out of PS. Case No.-116 Year-2017 Thana- PHULWARIA District- Begusarai ====================================================== Rajnish Kumar Son of Sudhir Ram Resident of Village- Baro, Kali Asthan, Kahar Toli, Rajdeopur Tola, P.S. Garhara, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Phulwaria P.S. case no. 116 of 2017 instituted for the offence under Section(s) 147,148,149, 153(A), 353 (A), 295(A), 332,327, 337, 307 and 427 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that there is general and omnibus allegation against this petitioner. From the written report itself it appears that the case has been lodged against this petitioner and 44 named and 500 unknown accused persons. It is further submitted that co accused persons of this case with similar allegations have already been granted anticipatory bail by this Court vide orders dated 23.1.2018 and 29.3. 2018 passed in Cr. Misc. no. 3077 of 2018 and Cr. Misc.
Patna High Court Cr.Misc. No.29546 of 2018(2) dt.15-05-2018 2/3 no. 16897 of 2018 as well as Co-ordinate bench of this Court vide orders dated 1.2.2018, 16.2. 2018, 25.4. 2018 and 5.4. 2018 passed in Cr. Misc. no. 3951 of 2018, Cr. Misc. no. 7965 of 2018, Cr. Misc. no. 19810 of 2018 and Cr. Misc. no. 18817 of 2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Phulwaria P.S. case no. 116 of 2017 , 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 the learned Judicial Magistrate 1st Class, Begusarai, 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 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
Patna High Court Cr.Misc. No.29546 of 2018(2) dt.15-05-2018 3/3 cancellation of bail of the petitioner.
(Sanjay Priya, J) shyambihari/- U T