Gopilal Khatri @ Arjun Prasad Khatri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1323 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -ARWAL District- JEHANABAD ====================================================== Gopilal Khatri @ Arjun Prasad Khatri, son of Late Gayalal Khatri, resident of village Purani Arwal, P.S. + District - Arwal. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bindeshwar Kumar, Advocate. For the Opposite Party/s : Mr. Ashok Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Arwal P.S. Case No. 198 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 120(B), 504, 153-A and 427 of the Indian Penal Code. It is alleged in the written report that members of two communities created communal disharmony resulting in obstruction of the vehicular traffic as well as law and order problem. The informant reached at the place of occurrence and found some pieces of bricks and stones scattered on the road and a Maruti Van standing there was also damaged.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner. It has further been submitted that other co-accused persons have been granted anticipatory bail by coordinate Benches of this Court vide order dated 03.01.2018, 19.01.2018, and 16.01.2018 passed in Cr. Misc. Nos.
Patna High Court Cr.Misc. No.1323 of 2018 (3) dt.16-02-2018 2/2 62162 of 2017, 61138 of 2017 and 1424 of 2018 respectively. 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 Arwal P.S. Case No. 198 of 2017, G.R. No. 876 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, Arwal, 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 their 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.