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2017 Supreme(SC) 674
SUPREME COURT OF INDIA
N.V. RAMANA, PRAFULLA C. PANT, JJ.
AVINASH NARAIN @ RAJU MISHRA – Appellant(s)
Versus
STATE OF BIHAR – Respondent(s)
CRIMINAL APPEAL NO. OF 2017 (Arising out of S.L.P.(Criminal) No. 2078 of 2017)
Decided On : 14-07-2017
Granting bail with conditions of cooperation and adherence to bail conditions
Headnote:
Bail - Anticipatory Bail - Summary
Fact of the Case:
The appellant filed an appeal against the rejection of his anticipatory bail application by the High Court of Judicature at Patna in connection with a case registered under Sections 376(ii)(i), 201/34 of the Indian Penal Code and Section 4, 21 of POSCO Act.
Finding of the Court:
The Supreme Court granted the appellant bail, directing him to cooperate in the investigation and obey all conditions imposed by the trial Court. Any violation of the conditions of bail or misuse of liberty would result in cancellation of bail.
Issues: Anticipatory bail application rejection, Conditions of bail, Cooperation in investigation
Ratio Decidendi: The court considered the facts and circumstances of the case and granted bail to the appellant, emphasizing the need for cooperation in the investigation and adherence to the conditions of bail.
Final Decision: The appeal was disposed of, and the order granting bail to the appellant was made absolute.
ORDER
Leave granted.
2. This appeal by special leave is directed against the judgment and order dated 8.2.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 3686 of 2017, whereby the High Court rejected the anticipatory bail application qua the appellant herein.
3. This Court, on 10.3.2017, passed the following order :-
“Issue notice.
Having regard to the facts and circumstances of the case, let the petitioner be released on bail, in the event of his arrest or surrender before the Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/-(rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, POSCO, Muzaffarpur, in connection with F.I.R. No. 105 of 2016 dated 31.8.2016 registered at Police Station (Women), Muzaffarpur, Bihar, under Sections 376(ii)(i), 201/34 of the Indian Penal Code and Section 4, 21 of POSCO Act.
The petitioner is directed to co-operate in the investigation.”
4. We have heard learned counsel for the appellant as well as learned counsel appearing on behalf of the State.
5. In the facts and circumstances of the case, order dated 10.3.2017 passed by this Court is made absolute.
6. The appellant is directed to co-operate in the investigation and must obey all the conditioned imposed by the trial Court.
7. Any violation of the conditions of bail or misuse of liberty granted to the appellant would result in cancellation of bail.
The appeal is, accordingly, disposed of.
