Shyamnarain Rai @ Shyam Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5293 of 2017 Arising Out of PS.Case No. -714 Year- 2016 Thana -PHULWARI District- PATNA ====================================================== Shyamnarain Rai @ Shyam Narayan Yadav, Son of Late Ban Sapath Rai, Resident of Village- Mohhammadpur, P.S.- Phulwarisharif, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Zaki Haider Advocate For the Opposite Party/s : Md. Ashlam Ansari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that petitioner has been made accused because of enmity in an earlier case. There is no specific overt act against the petitioner in the present case.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that there is no allegation against the petitioner in the F.I.R., let above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy

Patna High Court Cr.Misc. No.5293 of 2017 (2) dt.15-02-2017 2/2 of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Patna, in connection with Phulwarisharif P.S. Case no. 714 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that bailors should be local having sufficient immovable property within the jurisdiction of the court concerned and petitioner shall cooperate in the investigation and make himself available before the police as and when required.

It is made clear that if during investigation any cogent material comes after submission of chargesheet, prosecuting agency is at liberty to move for cancellation of bail against the petitioner.

(Vinod Kumar Sinha, J) sudip/- U T