Lalo @ Md. Lalo @ Lallua v. The State Of Bihar

Patna High Court Cr.Misc. No.29735 of 2017 (2) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29735 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -DANDARI District- BEGUSARAI ======================================================

1. Lalo @ Md. Lalo @ Lallua, son of Md. Hakim, resident of villageSisauni, Peer Nagar, P.S.- Dandari, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 11-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Dandari P.S. Case No.59 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307, 379, 504 Indian Penal Code. As per written report, the petitioner assaulted the informant on his head with butt of the pistol. It has been submitted that the petitioner has clean antecedents.

The Sessions Judge has mentioned in the impugned order that the injury found on the person of the informant is simple in nature.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event

Patna High Court Cr.Misc. No.29735 of 2017 (2) dt.11-07-2017 of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dandari P.S. Case No.59 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Begusarai, 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