Ghosh Yadav vs The State Of Bihar on 19 September, 2019

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Patna High Court - Orders

Ghosh Yadav vs The State Of Bihar on 19 September, 2019

Bench: Vikash Jain

                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41141 of 2019

                  Arising Out of PS. Case No.-10 Year-2018 Thana- SIGAUDI District- Patna
                 ======================================================
                 GHOSH YADAV Son of Munarik Singh Resident of Gowari Chandhus P.S.-
                 Sigaudi, District-Patna.
                                                                              ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :     Mr. Sanjeev Kumar Mishra, Advocate.
                 For the Opposite Party:       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                                ORAL ORDER

3   19-09-2019

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 354 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Sigori P.S. Case No. 10 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the specific accusation that he has fired upon the father-in-law of the informant using rifle and caused injury. Other co-accused persons have been granted anticipatory bail in A.B.P. No. 2916 of 2018 and regular bail in Cr. Misc. No. 57856 of 2018 and Cr. Misc. No. 66353 of 2018 respectively. The petitioner is accused in one prior case.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Danapur, Patna in connection with Sigori P.S. Case Patna High Court CR. MISC. No.41141 of 2019(3) dt.19-09-2019 2/2 No. 10 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions -

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that the father-in-law of the informant has not suffered any firearm injury. In case firearm injury is found, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Ibrar//-

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Patna High Court - Orders