Bhagya Narain @ Bhagya Narain Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40363 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Bhagya Narain @ Bhagya Narain Rai, Son of Munshi Rai, Resident of Village- Thengpur, Police Station- Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Paroo P.S. Case No. 12 of 2017 instituted for the offence under Sections-325, 326, 307, 353, & other minor sections of the Indian Penal Code. It has been submitted that there is no any allegation of specific overt act against this petitioner. There is general and omnibus allegation against this petitioner. There is allegation that co-accused Kamlesh Rai, Krishna Rai, Ajay Rai and Ramashish Rai assaulted the informant and others.

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

Patna High Court Cr.Misc. No.40363 of 2017 (3) dt.07-09-2017 2/2 sureties of the like amount each in connection with in Paroo P.S. Case No. 12 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Muzaffarpur 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