Saurav Kumar @ Saurab Kumar @ Sourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2876 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ====================================================== Saurav Kumar @ Saurab Kumar @ Sourav Kumar, S/o Sri Gajendra Yadav, R/o Village- Chharrapatti, P.S.- Uda-Kishunganj, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suman Kumar, Advocate. For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kishunganj P.S. Case No. 123 of 2017 instituted for the offence under Sections 447, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged in the written report that some unknown persons made firing in the house of the informant when the informant was in market. He was informed by his daughter about the same. Learned counsel for the petitioner has submitted that petitioner is own nephew of the informant. His name has come subsequently during investigation. It has further been submitted that had he been involved in the aforesaid occurrence, then petitioner would have been named in the First Information Report itself. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.2876 of 2018 (2) dt.17-01-2018 2/2 Considering the facts and circumstances of the case, 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 Udakishunganj P.S. Case No. 123 of 2017, G.R. No. 1000 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 learned Sub Divisional Judicial Magistrate, Uda Kishunganj (Madhepura), 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 their 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) S.Ali/- U T