Jittu Sahni @ Jitendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46875 of 2018 Arising Out of PS.Case No. -291 Year- 2017 Thana -KOTWALI District- MUNGER ====================================================== Jittu Sahni @ Jitendra Kumar Singh, Son of Harishchandra Sahni, resident of Mohalla- Nishad Tola, Chandi Asthan, P.S. Kotwali District- Munger. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Karuna Nath Sahay, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Kotwali (Basudeopur) P.S. Case No.291 of 2017 instituted for the offence under Section(s) 147, 148, 149, 114, 115, 117, 324, 332, 333, 337, 338, 307, 352, 353, 504 Indian Penal Code and 27 of the Arms Act.
Counsel for the petitioner has submitted that although petitioner is named in the written report, but there is general and omnibus allegation against him.
It is alleged in the written report that the informant had gone to the place of occurrence to control the law and order situation which arose due to fighting between two parties. In the mean time, several persons assembled at the place of occurrence and caused obstruction in discharge of official duties of the
Patna High Court Cr.Misc. No.46875 of 2018 (2) dt.25-08-2018 2/2 police personnel.
The petitioner is also named as one of the members of the unlawful assembly.
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 Kotwali (Basudeopur) P.S. Case No.291 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 Chief Judicial Magistrate, Munger, 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) JA/- Rohit Kr.
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