Pappu Mauar v. The State Of Bihar

Patna High Court Cr.Misc. No.40573 of 2017 (2) dt.04-09-2017 - 1 -

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40573 of 2017 Arising Out of PS.Case No. -95 Year- 2015 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================

1. Pappu Mauar Son of Late Bharat Mauar, Resident of Village-Mauar Khaira, Police Station Barun, in the district of Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Aurangabad (Town) P.S. Case No.95 of 2015 instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code. It is submitted that the petitioner is not named in the written report. The name of petitioner has surfaced in the confessional statement of co-accused. It also finds support from the impugned order of the Sessions Judge by which the bail has been rejected. In the written report, it is alleged that four named accused persons along with two unknown persons came and one of the unknown person fired from pistol on the brother of the informant who was sitting on the chair. As such, the petitioner is not named in the written report. The

Patna High Court Cr.Misc. No.40573 of 2017 (2) dt.04-09-2017 - 2 - name of the petitioner surfaced in confessional statement of accused as mentioned by the Sessions Judge in the impugned order. It is stated in para 5 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 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 Aurangabad (Town) P.S. Case No.95 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, 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 petitioners 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.

Sanjeev/- (Sanjay Priya, J) U T