Chhotu Kumar @ Vishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31512 of 2017 Arising Out of PS.Case No. -978 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. CHHOTU KUMAR @ VISHNU KUMAR, S/o Binod Sah, resident of village + Post- Pareo, P.S. Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Dular Sah, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Bihta P.S. Case No.978 of 2015 instituted for the offence under Section(s) 147, 148, 149, 506, 341, 323, 354, 504, 307 Indian Penal Code and Section 27 of the Arms Act.

It is alleged in the written report that when the informant with her Bhabhi and niece were going to attend the nature's call, the petitioner misbehaved, abused them and also made firing and thereafter the informant, in her defence, assaulted the petitioner with bamboo and bottles. As per written report, there is general and omnibus allegation against the petitioner.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.31512 of 2017 (2) dt.17-07-2017 2/2 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 Bihta P.S. Case No.978 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Danapur, Patna 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 cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T