Bajarangi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50204 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================

1. Bajarangi Singh S/o Raju Singh, R/o Rawal Tola, P.S.- Chapra Town, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chapra Town P.S. Case No. 27 of 2017 instituted for the offence under Sections 302/34 of the IPC and Section 27 of Arms Act. Learned counsel for the petitioner has submitted that he is not named in the FIR. The informant took the name of the petitioner on suspicion on account of land dispute between the parties.

In the written report, it is mentioned that informant's uncle Bhola Prasad and brother Dhiraj Kumar has sustained fire arm injury. The informant took his brother and uncle for treatment at PMCH subsequently, his uncle Bhola Prasad died. Thereafter, the instant case has been lodged against the petitioner. The case diary has been received. In the case diary there is no specific

Patna High Court Cr.Misc. No.50204 of 2017 (3) dt.08-01-2018 2/2 allegation of overt act against the petitioner. 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chapra Town P.S. Case No. 27 of 2017 to the satisfaction of learned C.J.M., Saran at Chapra 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.