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Patna High CourtCR. MISC./45509/2018bail granted

Sanjay Singh v. The State Of Bihar

2018-08-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45509 of 2018 Arising Out of PS.Case No. -47 Year- 2018 Thana -NABINAGAR District- AURANGABAD ====================================================== Sanjay Singh, Son of Late Shankar Dayal Singh, Resident of Village - Damaribigha, P.S. - Nabinagar, District : Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate. For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nabinagar P.S. Case No. 47 of 2018 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 432, 333, 379, 407, 504 and 120(B) of the Indian Penal Code.

It has been submitted that a boy had met with an accident by truck who subsequently died. Police named this petitioner on the instigation of enemies under local politics. It has further been submitted that other co-accused persons have been granted anticipatory bail by this Court as well as coordinate Bench of this Court vide orders dated 03.08.2018, 23.07.2018 and 29.06.2018 passed in Cr. Misc. 39072 of 2018, 42008 of 2018 and 36193 of 2018 respectively.

Patna High Court Cr.Misc. No.45509 of 2018 (2) dt.13-08-2018 2/2 It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

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 Nabinagar P.S. Case No. 47 of 2018, 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 Chief Judicial Magistrate, Aurangabad, 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) S.Ali/- Rohit Kr.

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