Niwash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48026 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -SANGRAMPUR District- MUNGER ======================================================
1. Niwash Yadav, son of Shaligram Yadav, R/o Village- Prithwi Chak, P.S.- Sangrampur, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Smt. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sangrampur P.S. Case No.74 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. It has been submitted that petitioner is merely order giver. Specific allegation is against Gautam Yadav and Heela Lal Yadav that they fired on the Informant from gun which hit on his chest.
In the facts and circumstances of the case, prayer of 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 Sangrampur P.S. Case No.74 of 2017, he shall be released on anticipatory bail on
Patna High Court Cr.Misc. No.48026 of 2017 (2) dt.17-10-2017 2/2 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, II, Munger, 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