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Patna High CourtCR. MISC./22327/2018bail granted

Akbar Alam v. The State Of Bihar

2018-07-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22327 of 2018 Arising Out of PS.Case No. -120 Year- 2017 Thana -KOTWA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Akbar Alam, S/o Late Sakur Alam, R/o Village- Pokhara Shekh Toli, P.S.- Kotwa, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Ms. Vagisha Pragya Vacaknavi, Advocate Mr. Manu Tripurari, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwa P.S. Case No.120 of 2017 instituted for the offence under Sections 120B, 323, 307, 504, 379/34 of the Indian Penal Code. Subsequently Section 302 Indian Penal Code.

From the written report it appears that there is specific allegation against co-accused Jeyaul Haque of assaulting husband of the informant with Farsa on his head.

There is general and omnibus allegation against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.22327 of 2018 (3) dt.30-07-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kotwa P.S. Case No.120 of 2017, 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, Motihari, East Champaran, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.Ali/- Rohit Kr.

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