Trilochan Patraj @ Lochan Patraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36671 of 2018 Arising Out of PS.C.ase No. -440 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Trilochan Patraj @ Lochan Patraj S/o Siyaram Patraj, R/o Vill.- Ratouthiya, P.S.- Banka, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Banka P.S. Case No. 440/2017, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325 and 307 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is case and counter case between the parties. Injury has been sustained by both sides. From the side of the petitioner, Banka P.S. Case No. 441/2017 has been filed by one co-accused, namely, Balram Patraj against the informant and others. In the instant case, there is specific allegation against co-accused Manoj Patraj of causing injury with axe. There is no specific allegation against this

Patna High Court Cr.Misc. No.36671 of 2018 (3) dt.26-07-2018 2/2 petitioner. The petitioner has clean antecedent Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Banka P.S. Case No. 440/2017, 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 Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)