Dharmveer Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51098 of 2018 Arising Out of PS.Case No. -137 Year- 2017 Thana -KHAJEKALLAN District- PATNA ====================================================== Dharmveer Kumar, S/o Kamlesh Paswan, R/o Khajekalanghat, P.S.- Khajekalan, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anang Mohan Sinha, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Khajekalan P.S. Case No.137 of 2017 instituted for the offence under Section(s) 147, 148, 149, 302 and 201/34 Indian Penal Code. Counsel for the petitioner submits that name of this petitioner has been given on the basis of CCTV footage. It is submitted that other co-accused with similar allegation has already been granted anticipatory bail by this Court vide order dated 21.11.2017 passed in Cr. Misc. No.52186 of 2017.
In the written report, there is allegation of assaulting the deceased by 25 named accused persons and 50-60 other
Patna High Court Cr.Misc. No.51098 of 2018 (2) dt.28-08-2018 2/2 persons with bricks, stones etc.
In the facts and circumstances of the case, prayer of 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 Khajekalan P.S. Case No.137 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, Patna City, 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/- Rohit Kr.
U T