Pundeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9576 of 2017 Arising Out of PS.Case No. -128 Year- 2013 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pundeo Rai, S/o Late Badari Rai, resident of village- Kanuniya Katgenwa, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar No. III, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Chiraiya P.S. Case No.128 of 2013 instituted for the offence under Section(s) 395 Indian Penal Code and Section 27 of the Arms Act. It has been submitted on behalf of the petitioner that compromise has taken place between the parties. Compromise Petition has been annexed as Annexure-2.

From the written report, it appears that there is general and omnibus allegation made against this petitioner. There is no recovery of any incriminating article from the possession of this petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.9576 of 2017 (3) dt.11-04-2017 2/2 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chiraiya P.S. Case No.128 of 2013, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sikrahna at Dhaka, East Chamapran, 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