Bhola Shankar Pandey @ Bhola Shankar Pandey Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5811 of 2016 Arising Out of PS.Case No. -288 Year- 2015 Thana -RAJIVNAGAR District- PATNA ====================================================== Bhola Shankar Pandey @ Bhola Shankar Pandey Kumar son of Sanjay Narayan Pandey resident of village - Nepali Nagar, Police Station - Rajeev Nagar, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-02-2016 Heard Sri Manoj Kumar Singh, learned counsel for the petitioner and Sri Nityanand Tiwary, learned A.P.P. The sole petitioner apprehending his arrest in connection with Rajeev Nagar P.S. Case No. 288 of 2015 registered for the offence under Section 147, 148, 341, 323, 427, 428, 447, 448, 385, 387, 467, 468, 504 of the Indian Penal Code has prayed for grant of anticipatory bail.

Learned counsel for the petitioner by way of referring to the F.I.R. submit that in a land dispute colour of criminal offence has been given. He submits from the land disclosed in the F.I.R. itself the petitioner had purchased 825 square feet long back in the year 1983 and for those disputes, dispute is being created by the informant's side and as such only with a view to

Patna High Court Cr.Misc. No.5811 of 2016 (3) dt.23-02-2016 2/2 illegally dispossess the petitioner from the land in question the present false case has been instituted.

Besides hearing I have perused the materials available on record particularly the F.I.R.

In view of the facts and circumstances the court is of the opinion that it is a fit case for grant of anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today let the petitioner Bhola Shankar Pandey@ Bhola Shankar Pandey Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Saurabh Kumar Verma, Judicial Magistrate Ist Class, Patna in connection with Rajeev Nagar P.S. Case No. 288 of 2015 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T