Patna High CourtCR. MISC./62412/2017bail granted

Ganesh Sah v. The State Of Bihar

2017-12-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62412 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -JALE District- DARBHANGA ====================================================== Ganesh Sah, son of Late Rajendra Sah, resident of Mohalla- Paigambarpur, Ward No. 08, Police Station- Singhwara, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party/s : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jalley P.S. Case No. 35 of 2016 instituted for the offence under Sections 341, 323, 324, 307, 332, 504, 506, 427, 379 and 34 of the Indian Penal Code.

As per written report, altercation took place between the driver of private bus and State bus. It is alleged that the accused persons assaulted the driver of the State bus namely Rajeev Kumar Mishra and snatched cash and other articles. It has been submitted that petitioner is owner of the private bus. He was not even present at the place of occurrence. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.62412 of 2017 (2) dt.21-12-2017 2/2 Considering the facts and circumstances of the case, 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 Jalley P.S. Case No. 35 of 2016, he shall be released 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, Darbhanga, subject to the conditions as laid down under Section 438 (2) 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) S.