Chandra Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33847 of 2015 Arising Out of PS.Case No. -277 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Chandra Bhushan Singh son of Late Surendra Prasad Singh, Resident of village/ Mohalla-C/C-45, P.C. Colony, Police Station- Kankarbagh, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 435, 342, 506, 504/34 of the Indian Penal Code and 3(1)(x) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the informant being a tenant in the house of the petitioner was running a publication agency. On 23.04.2015 the petitioner, his wife, sons, grand son and 4 to 5 unknown came, made assault to the informant, abused by calling caste name and took away papers, files and several articles.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.33847 of 2015 (2) dt.31-08-2015 2/2 petitioner that in the background of tenancy dispute the accusation has been levelled. The informant is neither paying rent nor is vacating the premises of the petitioner. It is further submitted that for the occurrence of 23.04.2015 at 7.00 P.M. the FIR was lodged on 24.04.2015 on 3.00 P.M. and the same reached to the court of learned I/C C.J.M. on 27.04.2015, which suggests that the FIR has been lodged by antedating. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation being levelled in the background of tenancy dispute, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Kankarbagh P.S. Case No. 277 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

DKS/- (Dinesh Kumar Singh, J) U T