Durgesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48858 of 2018 Arising Out of PS.Case No. -317 Year- 2017 Thana -RAJPUR District- BUXAR ====================================================== Durgesh Singh, S/o Nimish Narayan Singh, R/o Vill.- Sisrarh, P.S.- Rajpur, Distt.- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Rajpur P.S. Case No.317 of 2017 instituted for the offence under Section(s) 341, 323, 147, 307, 379, 506 Indian Penal Code and Section 27 of Arms Act.

Counsel for the petitioner submits that petitioner is alleged to have made firing but there is no mention that any injury has been sustained by anybody.

It is further submitted that other co-accused with similar allegation has already been granted bail by this Court vide order dated 30.07.2018 passed in Cr. Misc. No.34565 of 2018. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.48858 of 2018 (2) dt.27-08-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Rajpur P.S. Case No.317 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 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) JA/- Rohit Kr.

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