Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44022 of 2018 Arising Out of PS. Case No.-3 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Pankaj Kumar S/o Dinesh Prasad Sah, R/o Vill.- Gurhatta Chowk, P.S.- Mojahidpur, District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh For the Opposite Party/s :
Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Habibpur P.S. case no. 3 of 2017 instituted for the offence under Section(s) 406, 467, 471, 420, 379, 427, 120B, 386 and 327 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that petitioner is neither the seller of the land nor the purchaser. He has been dragged in this case due to land dispute between seller and purchaser and on account of this petitioner being present when the demarcation of the land was taking place. It is further submitted that similarly situated person has already been granted anticipatory bail by this Hon'ble Court vide order dated 18.06.2018 passed in Cr. Misc. no. 33328 of 2018
Patna High Court Cr.Misc. No.44022 of 2018(2) dt.25-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Habibpur P.S. case no. 3 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, XII, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.