Vijay Sahani v. The State of Bihar
Case brief
What is this about?
Patna High Court; Criminal Miscellaneous No.23087 of 2024; Rajesh Kumar Verma J; 24-04-2024; anticipatory bail; Section 438(2) CrPC; Vijay Sahani; Lalganj P.S. Case No.356 of 2023; FIR dated 12.10.2023; Vaishali/Hajipur; Sections 341, 323, 307, 504, 506 IPC; attempt to murder (S.307 IPC); clean antecedents; no specific overt act attributed to petitioner; assault attributed to co-accused Manish Kumar; bail bond Rs.10,000 with two sureties; bail-bond cancellation conditions; criminal antecedent verification.
What did the court decide?
Prayer for anticipatory bail allowed. Petitioner, on arrest or surrender before the court below within thirty days of receipt of the order, to be released on bail on furnishing bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the Sub Judge-cum-ACJM, Vaishali at Hajipur, in connection with Lalganj P.S. Case No.356 of 2023, subject to Section 438(2) CrPC conditions and: (i) co-operation in trial and physical presence on dates fixed, with cancellation of bail bonds on absence on two consecutive dates without sufficient reason; (ii) liberty to prosecution to move for cancellation of bail if petitioner tampers with evidence or witnesses; (iii) court below to verify criminal antecedents and take cancellation steps if concealment is found, without delaying acceptance of bail bonds for purposes of verification.