Chandrika Rai @ Chandrika Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4848 of 2018 Arising Out of PS.Case No. -230 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Chandrika Rai @ Chandrika Prasad Yadav, son of Janak Rai, resident of Village- Shankar Saraiya, P.S.- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 06-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Chiraiya P.S. Case No.230 of 2017 instituted for the offence under Section(s) 342, 452,455, 448/34 Indian Penal Code.

There is general and omnibus allegation against the petitioner in the written report. There is no allegation of specific overt act against the petitioner.

In the written report, it is alleged that all the persons as named in the written report entered into the house of the informant and surrounded him. The informant raised alarm then the villagers came and six persons as named in the written report were apprehended. It is alleged against this petitioner that he fled away after brandishing sword.

Patna High Court Cr.Misc. No.4848 of 2018 (3) dt.06-04-2018 2/2 It is mentioned in para 3 that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chiraiya P.S. Case No.230 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 the SubDivisional Judicial Magistrate, Dhaka, East Champaran, 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) JA/- U T