Amar Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55605 of 2017 Arising Out of PS.Case No. -190 Year- 2013 Thana -DULHIN BAZAR District- PATNA ======================================================

1. Amar Prakash (Ex-Mukhiya) S/o Late Chaitu Yadav, R/o Village- Lala Bhadsara, P.S.- Dulhin Bazar, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Sinha For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Dulhin Bazar P.S. Case No. 190 of 2013 instituted for the offence under Sections-307, 325, 452 & other minor Sections of the Indian Penal Code and 27 of the Arms Act.

There is allegation in the written report that this petitioner caused fire arm injury to the informant in the right arm. The injury report of the injured has been annexed as Annexure-2 wherein the doctor has found one lacerated wound on middle part of right arm. The patient was referred to PMCH for treatment. As such, from the written report itself, it is apparent that there was no repetition of blow by the informant. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of

Patna High Court Cr.Misc. No.55605 of 2017 (2) dt.23-11-2017 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 Dulhin Bazar P.S. Case No. 190 of 2013 to the satisfaction of learned Additional Chief Judicial Magistrate-III, Danapur, Patna 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 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) A.K.V./- U T