Md. Sahnawaz @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31511 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================
1. Md. Sahnawaz @ Raja, son of Md. Gufran, resident of Mohalla- Katra , P.S. Bihar , District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Ajit Kumar, 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 Laheri P.S. Case No.85 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323,333, 338, 153-A, 307, 353, 504, 506 Indian Penal Code and Section 27 of the Arms Act. As per written report, on the occasion of Holi festival, dispute arose between the members of two communities on account of putting colour. It is further alleged that the accused persons were abusing and also made firing.
It has been submitted that the petitioner is named in the First Information Report, but his name has been disclosed by local people.
In the facts and circumstances of the case, prayer of
Patna High Court Cr.Misc. No.31511 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 Laheri P.S. Case No.85 of 2016, 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 Additional Chief Judicial Magistrate, I, Nalanda at Biharsharif, 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