Sandeep Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55250 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Sandeep Sah, Son of Tufani Sah, R/o Village- Wajeetpur, P.S.- Garkha, District- Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Garkha P.S. Case No.130 of 2017 for the offence under Sections 147, 148, 149, 302 of I.P.C.

As per the written report there is allegation that one Pankaj Kumar along with his friends had taken away one goat and one she goat of the informant.

Counsel for the petitioner has submitted that the petitioner has clean antecedent. It has been submitted that there is specific allegation against co-accused Pankaj Kumar

Patna High Court Cr.Misc. No.55250 of 2017 (2) dt.17-11-2017 2/3 of giving dagger blow to the nephew of the informant causing injury in his waist. This petitioner is merely said to be a member of unlawful assembly. Other co-accused Rajeshwar Singh has already been granted anticipatory bail by a coordinate Bench vide order dated 23.8.2017 passed in Cr.Misc. No.38730/2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-II,Saran, in Garkha P.S. Case No.130/17 subject to the conditions as laid down under Section 438 (2) of 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

Patna High Court Cr.Misc. No.55250 of 2017 (2) dt.17-11-2017 3/3 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.

AnilKrSinha/- (Sanjay Priya, J) U T