Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35765 of 2018 Arising Out of PS. Case No.-244 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Bablu Singh, S/o Ramsebak Singh, Resident of Village- Mela Road Ward No. 01, Forbesganj, P.S. Forbesganj, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Forbesganj P.S. Case No. 244 of 2017 instituted for the offence under Sections 147,148,149,341,342,332,354,427,435,307,337,338,188,153(A) /504,506 of the IPC.

Learned counsel for the petitioner submits that petitioner is alleged to be member of an unlawful assembly. There is no specific allegation of overt act against this petitioner. It has been further submitted that similarly situated accused persons have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 10.08.2017 passed in Cr. Misc. No. 36271 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the

Patna High Court Cr.Misc. No.35765 of 2018(3) dt.09-07-2018 2/2 event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Forbesganj P.S. Case No. 244 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Araria, subject to condition as laid down u/S 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T