Brijbhan Singh @ Brijbhan Mahto @ Brajbhan Singh @ Brajbhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38585 of 2017 Arising Out of PS.Case No. -68 Year- 2002 Thana -BUNIADGANJ District- GAYA ======================================================

1. BRIJBHAN SINGH @ BRIJBHAN MAHTO @ BRAJBHAN SINGH @ BRAJBHAN MAHTO Son of Late Jai Singh, Resident of Mohalla Hari Bagicha, P.S. Buniyadganj, District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Dayal For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Buniyadganj P.S. Case No. 68 of 2002 instituted for the offence under Sections-302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged in the written report that one Dileep Pandey caused fire-arm injury on the left Kanpatti of the husband of the informant, on account of which, he died. The police during investigation submitted charge sheet against Dileep Pandey and not against this petitioner but learned Chief Judicial Magistrate, differed and took cognizance against the petitioner also. As such, there is no allegation of specific overt act against the petitioner. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the

Patna High Court Cr.Misc. No.38585 of 2017 (3) dt.01-09-2017 2/2 date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Buniyadganj P.S. Case No. 68 of 2002 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T