Panchanad Bajpai @ Panchu Bajpai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23795 of 2018 Arising Out of PS. Case No.-323 Year-2017 Thana- JAMUI District- Jamui ====================================================== Panchanand Bajpai @ Panchu Bajpai Son of Late Rajeshwar Bajpai @ Rajeshwar Bajepeyi, Resident of Village-Kalyanpur, P.S. & District- Jamui (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Jamui (Town) P.S. case no. 323 of 2017 instituted for the offence under Section(s) 147, 148,149, 332, 353, 153A, 295, 295(A), 435, 427, 307, 337, 338 and 323 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation in the written report. In the written report, it is alleged that during procession of Taziya, miscreants started pelting stones, as a result of which, the Taziya got damaged.

In the written report, this petitioner is also named as

Patna High Court Cr.Misc. No.23795 of 2018(2) dt.20-04-2018 2/2 member of unlawful assembly.

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 Jamui (Town) P.S. case no. 323 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 learned CJM, Jamui, 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 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.