Aashish @ Aashiqui v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30157 of 2017 Arising Out of PS.Case No. -562 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Aashish @ Aashiqui, Son of Deodatt Singh, resident of Mohalla- Subhash Naga,r Road No.- 3, Bhagwanpur, P.S. Sadar, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kanti P.S. Case No. 562 of 2016 instituted for the offence under Sections 302, 201 and 34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that he has not been named in the written report. He has clean antecedent. His name has been disclosed by co-accused Saurav Kumar @ Golu and Rajendra Rai in their confessional statement. From the written report it appears that petitioner is not named in the written report.
From the impugned order it appears that the name of the petitioner has been disclosed by co-accused Saurav Kumar @ Golu and Rajendra Rai in their confessional statement.
Patna High Court Cr.Misc. No.30157 of 2017 (3) dt.21-07-2017 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 Kanti P.S. Case No. 562 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 Sub Divisional Judicial Magistrate, West Muzaffarpur, 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.