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Patna High CourtCR. MISC./31670/2018bail granted

Subodh Kumar Pandey v. The State Of Bihar

2018-06-28Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31670 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Subodh Kumar Pandey, Son of Late Mohan Murari Pandey, Resident of Gandhi Nagar, P.S. Aurangabad, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar For the Opposite Party/s :

Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Aurangabad Town P.S. Case No. 97 of 2018 dated 28.03.2018 instituted for the offences under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A) and 379 of the Indian Penal Code.

It has been submitted that there is general and omnibus allegation against the petitioner.

In the written report, it is alleged that on the eve of Ramnawami, some altercation had taken place between members of two communities.

From the written report itself, it appears that no person of either side has received any injury.

Patna High Court Cr.Misc. No.31670 of 2018(3) dt.28-06-2018 2/2 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 Aurangabad Town P.S. Case No. 97 of 2018, he shall be released on anticipatory bail on furnishing his bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, 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 bonds and (3) if petitioner tamper 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.

(Ashutosh Kumar, J) krishna/- U T