Dasa Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39473 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ====================================================== Dasa Rai, son of Late Deep Rai, Resident of Village Raghopur East, Ward No. 5, P.S. Jurawanpur, District Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate. For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jurawanpur P.S. Case No. 34 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504, 506, 452 of the Indian Penal Code and Section 27 of the Arms Act. From the written report it appears that this petitioner is order giver. There is allegation that on his order, other coaccused persons as mentioned in the written report made firing causing death of father and nephew of the informant. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Counsel for the informant has appeared and opposed prayer for anticipatory bail.

Patna High Court Cr.Misc. No.39473 of 2017 (3) dt.06-09-2017 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 Jurawanpur P.S. Case No. 34 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 Additional Chief Judicial Magistrate-8th, Vaishali at Hajipur, 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.Ali/- U T