Rahul Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7015 of 2018 Arising Out of PS.Case No. -323 Year- 2017 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rahul Gupta, son of Sunil Prasad, resident of Raxaul, Behind of Municipality, Police Station-Raxaul, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Raxaul P.S. Case No.323 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of the Indian Penal Code. Counsel for the petitioner has submitted that there is no allegation of assault against this petitioner. There is specific allegation of assaulting with Chura in the abdomen of the informant against co-accused Ajay Yadav.

Allegation against the petitioner is that he snatched rupees twelve thousand from the pocket of the informant. 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

Patna High Court Cr.Misc. No.7015 of 2018 (2) dt.09-02-2018 2/2 six weeks from today in connection with Raxaul 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 SubDivisional Judicial Magistrate, Motihari, 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 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) JA/- U T