Vinayak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26335 of 2018 Arising Out of PS.Case No. -208 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================

1. Vinayak Singh, son of late Harinandan Singh, resident of village Chanda, P.S. - Khudwan, District Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Obra P.S. Case No.208 of 2017 instituted for the offence under Section(s) 399, 402 Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

In the written report, it is alleged that one double barrel gun was recovered from the house of Naresh Yadav, who was apprehended by the police. Naresh Yadav disclosed the name of this petitioner. Seizure list is part of the First Information Report from which it appears that fire arm was recovered from the house of Naresh Yadav, which bears the signature of Naresh Yadav.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.26335 of 2018 (3) dt.25-06-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Obra P.S. Case No.208 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 Sub-Divisional 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) JA/- U T