Babli Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2150 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Babli Dubey, son of Priyavrat Dubey, r/o village Shivpuri, Budhanpurwa, P.S. Buxar, Distt. Buxar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Digvijay Kumar Ojha, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Buxar (Industrial Area) P.S. Case No. 195 of 2017 instituted for the offence under Sections 147, 148, 149, 327 of the Indian Penal Code, Sections 25(1-B)A, 26 and 35 of the Arms Act. In the written report it is alleged that petitioner fled away from the place of occurrence.
Learned counsel for the petitioner has submitted that although he is named in the written report but there is no recovery from his possession.
Learned A.P.P. has submitted that there are ten cases pending against the petitioner, but as per submission of the learned counsel for the petitioner, he is on bail in all the cases. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.2150 of 2018 (5) dt.21-02-2018 2/2 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 Buxar (Industrial Area) P.S. Case No. 195 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, Buxar, 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 his 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.Ali/- U T