Ramanand Mehta v. The State Of Bihar

Patna High Court Cr.Misc. No.6202 of 2016 (2) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6202 of 2016 Arising Out of PS.Case No. -152 Year- 2012 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Ramanand Mehta Son of Kesho Mehta, Resident of Village - Samda, P.s. - Sour Bazar, District -Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Sour Bazar P.S. Case No. 152 of 2012, disclosing offences under Sections 406 and 420 of the Indian Penal Code. It is submitted on behalf of the petitioner that there is a land dispute between the informant who is the son of Bhumi Sah and Mala Devi ( Accused No.1) who is daughter of Mishri Sah. Bhumi Sah and Mishri Sah are sons of one Wakil Sah. It is contended that in the First Information Report Mala Devi and persons, including this petitioner in whose favour, she has executed sale deeds have been implicated as accused. He submits that out of purely civil dispute between the parties, the present

Patna High Court Cr.Misc. No.6202 of 2016 (2) dt.24-02-2016 case has been instituted. It appears from the records that said Mala Devi has been granted anticipatory bail by this Court vide order dated 18.03.2015 passed in Cr. Misc. No. 37589 of 2014. Considering the facts and circumstances of the case, this application is allowed.

Let the above-named petitioner in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Sour Bazar P.S. Case No. 152 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U