Harendra Parjapati v. The State Of Bihar

Patna High Court Cr.Misc. No.40585 of 2017 (2) dt.04-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40585 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ======================================================

1. Harendra Parjapati Son of Ramesh Parjapati @ Ramesh Pd. Resident of Village- Belwa Bhathwa, P.S.- Vijaipur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha For the Opposite Party/s : Mr. Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Bijaipur P.S. Case No.19 of 2017 instituted for the offence under Sections341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation that the petitioner and unknown persons ordered to kill the informant then accused Pawan yadav fired from country made pistol which did not hit the informant. The learned counsel for the petitioner submitted that Pawan Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 06.07.2017 passed in Cr. Misc. No.28025 of 2017. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.40585 of 2017 (2) dt.04-09-2017 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 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 Bijaipur P.S. case No.19 of 2017 to the satisfaction of learned 4th Addl. Chief Judicial Magistrate, Gopalganj, 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 petitioners 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) Sanjeev/- U T