Ashok Kumar @ Chini Gop @ Ashok Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50285 of 2017 ======================================================

1. Ashok Kumar @ Chini Gop @ Ashok Rai, S/o Vijay Rai, Resident of village- Chakia Tola, Kashpur, P.S. Maner, Dist.- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Maner P.S. Case No. 38 of 2017 instituted for the offence under Sections-302/34 of the Indian Penal Code.

As per written report, the specific allegation of making firing is against co-accused Jai Viru Rai.

Counsel for the petitioner has submitted that name of this petitioner has come during course of investigation on the basis of statement made by Jaiviru Rai.

The learned Sessions Judge has mentioned in the impugned order that co-accused Jai Biru Rai was apprehended and he disclosed the name of this petitioner before the police. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.50285 of 2017 (3) dt.10-11-2017 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 Maner P.S. Case No. 38 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateVI, Danapur, Patna 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