Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29669 of 2017 Arising Out of PS.Case No. -265 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Raju Mahto, Son of Chirkut Mahto, Resident of Village- Ojhaliya, P.S. Yogapatti Distt. West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Yogapatti P.S. Case No. 265 of 2016 instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 447, 504 and 379 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant with Bhala on his neck and when he saved the blow with his hand, he sustained injury over his right eye. The injury report has been annexed as Annexure 2 wherein the Doctor has found simple injury over the right hand of the informant. It has been submitted that co-accused persons have already been granted anticipatory bail by this Court vide order dated 2.5.2017 passed in Cr. Misc. 15994 of 2017.

Patna High Court Cr.Misc. No.29669 of 2017 (2) dt.06-07-2017 2/2 Considering the facts and circumstances of the case, 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 Yogapatti P.S. Case No. 265 of 2016, 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, Bettiah, 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) S.