Karu Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46851 of 2018 Arising Out of PS.Case No. -139 Year- 2018 Thana -BARACHATTI District- GAYA ======================================================
1. Karu Saw S/o Umesh Saw, R/o Vill.- Hahesadhi, P.S.- Barachatti, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate. For the Opposite Party/s : Mr.s Asha Devi, APP 85. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Barachatti P.S. Case No. 139 of 2018, instituted for the offence under Sections 147, 148, 149, 307, 384, 386 of the Indian Penal Code and Sections 25(1-B)A, 26, 27 of the Arms Act.
Learned counsel for the petitioner submits that name of this petitioner has been taken by co-accused Krishna Kumar Bhokta and Arjun Bhokta, who were apprehended by the police at the place of occurrence. There is no allegation of specific overt act against this petitioner. It is submitted that petitioners have clean antecedent.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.46851 of 2018 (2) dt.28-08-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Barachatti P.S. Case No. 139 of 2018, he shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 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 tamper 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.) Rakhi/abhijeet U T