Anisur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43800 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Anisur Rahman Son of Late Seikh Manjur, R/o Village- Baswa, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhinay Raj For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Ramnagar P.S. Case No. 192 of 2016 instituted for the offence under Sections-307, 354 & other minor Sections of the Indian Penal Code, in which, later on, Section302 of the Indian Penal Code and 27 of the Arms Act was also added. It has been submitted that earlier one co-accused namely, Md. Arfan has already been granted anticipatory bail by this court vide order dated 24-03-2017 passed in Cr. Misc. No. 9274 of 2017. The case of this petitioner is on better footing than that of co-accused, Md. Arfan.. The police has submitted final form against the petitioner after investigation as appears from Annexure-5. The court below has after differing with the final form has taken cognizance against the petitioner along with other accused persons for the offence under

Patna High Court Cr.Misc. No.43800 of 2017 (3) dt.29-01-2018 2/2 Section-307 & other minor Sections of the Indian Penal Code. Counsel for the informant has appeared and opposed the prayer for anticipatory bail.

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 in Ramnagar P.S. Case No. 192 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bagaha 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 liable to 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) A.K.V.