Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33776 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Mithun Kumar, Son of Late Gaya Singh, Resident of Village- Pipara, P.S.- G.B. Nagar, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prashant Kumar, Adv. Mr. Animesh Kumar, Adv.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Gautam Buddh Nagar P.S. Case No. 84 of 2017 instituted for the offence under Sections-307, 302 & other minor Sections of the Indian Penal Code. As per written report, there is specific allegation against coaccused Upendra Singh of assaulting the father of the informant with Khanti who later on, succumbed to aforesaid injury. The allegation against this petitioner is that he provided Khanti to Upendra Singh. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent. It has further been submitted that there is case and counter case between the parties.

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.33776 of 2017 (3) dt.20-09-2017 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 Gautam Buddh Nagar P.S. Case No. 84 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Siwan 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