Patna High Court - Orders
Azad Nut @ Azad Nat vs The State Of Bihar on 19 July, 2018
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41670 of 2018
Arising Out of PS. Case No.-86 Year-2017 Thana- BIKRAMGANJ District- Rohtas
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Azad Nut @ Azad Nat, Son of Raj Kumar Nat alias Kalamu Nat, resident of
Village- Dhangain, P.S.- Bikramganj, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 19-07-2018Heard learned counsel for the petitioner and the State.
The petitioner apprehends arrest in Bikramganj P.S. Case No. 86 of 2017 instituted for the offence under Sections 147,148,149,341,323,324,307,153,153(A),295,295(A),337,338, 353,332,435,379,427,120B of the IPC.
Learned counsel for the petitioner submits that petitioner is only alleged to be a member of an unlawful assembly in the written report. The informant has alleged in the written report that during Ram Nawami procession some antisocial element broke the glasses of parked truck and on protest some persons of Muslim Community started pelting brick-stone on Hindu Community. As such, there is general and omnibus allegation leveled against the petitioner. Patna High Court Cr.Misc. No.41670 of 2018(2) dt.19-07-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the 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 Bikramganj P.S. Case No. 86 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas, 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/-
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