Batahi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3617 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Batahi Kumar, Son of Devshari Mahto Resident of Village-Badharwa, P.SMuffasil, District-East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This application, for grant of anticipatory bail, arises out of Motihari Town P.S. Case No. 183 of 2018, disclosing offences under Sections 364, 326, 307, 379 and 120B of the Indian Penal Code.
Allegation against the petitioner and others is of kidnapping the informant and snatching away Rs. 11,000/- and a golden chain and further allegation is that one Mahanand Sahani assaulted the informant with sharp cutting weapon. Submission of learned counsel for the petitioner is that there is land dispute between the parties and due to which, the informant has filed the present false case and witnesses have nowhere stated about the kidnapping of the informant and so far assault to the informant is concerned, the same has been
Patna High Court CR. MISC. No.3617 of 2019(3) dt.26-03-2019 2/2 attributed to the co-accused of this case.
Heard learned A.P.P. also.
Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Motihari Town P.S. Case No. 183 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T