IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27742 of 2011
Nawlesh Narayan Pathak @ Nawalesh Pathak, Son of Rishi Chandra
Pathak, R/o village Hardiha, P.S. Pupri, District Sitamarhi.
---------- Petitioner
Versus
The State Of Bihar
-------- Opposite Party
----------------
02/- 12/09/2011 Heard Mr. Naresh Dekhshit learned counsel for the
petitioner and Dr. Kumar Uday Pratap learned Additional Public
Prosecutor for the State.
The petitioner apprehends his arrest in connection
with a case registered for the offence punishable under Sections
147/149/323/342/353/379/427 and 188 of the Indian Penal Code
and 150(A)/150(B) of the Indian Rail Act.
In this case arising out of accidental death of brother
of the informant and subsequent obstructions caused for such
accidental death, petitioner’s name emerged during investigation
as one of the person protesting and raising obstruction etc.
Submission is that petitioner was thoroughly
involved in postmortem examination etc. of the deceased brother,
who died during the way to hospital for better medical treatment.
Considering the facts and circumstances of the case,
in the event of his arrest/surrender before the court below within
four weeks, let the above named petitioner be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief
Judicial Magistrate, Sitamarhi, in connection with Pupri P.S. Case
No. 180 of 2010, subject to condition laid down under Section
438(2) of the Criminal Procedure Code with additional condition
to remain physically present before the court below on each and
every date at least for two years or till disposal of the case,
whichever is earlier, in case of failure on two consecutive dates,
without giving any reasonable explanation, the liberty granted
shall be deemed to be cancelled.
Praveen/- ( Akhilesh Chandra, J.)