Patna High CourtCR. MISC./18955/2016bail granted

Ishwari Mistri v. The State Of Bihar

2016-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18955 of 2016 Arising Out of PS.Case No. -395 Year- 2015 Thana -WAJIRGANJ District- GAYA ====================================================== Ishwari Mistri son of Naresh Mistri resident of Village- Sabalchak, P.S.- Wazirganj (Tankuppa), District- Gaya.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Raj Ballabh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Wazirganj (Tankuppa) P.S.Case No. 395/2015, disclosing offences under sections 341, 354, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is unexplained delay of 20 days in lodging the First Information Report. It has further been submitted that the petitioner and the informant are next door neighbours and the present case has been instituted because of the land dispute between the parties. It has also been submitted that in similar circumstance, co-accused Vinay Mistri has been granted anticipatory bail by this Court vide order dated 13.1.2016 passed in Cr.Misc.No. 1736/2016.

Patna High Court Cr.Misc. No.18955 of 2016 (2) dt.09-05-2016 Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri Jigar Shah, Judicial Magistrate, 1st Class, Gaya in Wazirganj (Tankuppa) P.S.Case No. 395/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C. 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, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U