The Patna High Court allowed anticipatory bail to the petitioner in a case under Section 364 IPC, directing his surrender within six weeks and granting bail conditioned on cooperation and absence of tampering.
Anticipatory bail granted subject to conditional bond and surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44315 of 2018
Arising Out of PS.Case No. -94 Year- 2017 Thana -PATORI District- SAMASTIPUR
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.... .... Petitioner/s
Versus .... .... Opposite Party/s
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Counsel for the petitioner submits that petitioner is not named in the First Information Report. His name has come in the confessional statement of co-accused Raushan Kumar.
It is mentioned in para 3 of the bail petition that petitioner has clean antecedents.
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 Patory (Mohanpur
Patna High Court Cr.Misc. No.44315 of 2018 (2) dt.01-08-2018
2/2
OP) P.S. Case No.94 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 Chief Judicial Magistrate, Samastipur, 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
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner not named in the FIR but mentioned in a confessional statement.
1 provisions across 1 enactments
Kundan Jha
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
