Bishambhar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41495 of 2014 Arising Out of PS.Case No. -556 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Bishambhar Bind Son of Late Badri Bind Resident of Village - Parpatipur, P.S. - Bhabua, District - Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Bhabua P.S.Case No. 556 of 2013 registered for the offences punishable under sections 147, 148, 149, 307 and 504 of the Indian Penal Code.

The prosecution case, according to the F.I.R., is that the petitioner along with other accused persons armed with country made gun and pistol forcibly cut the standing paddy crop from the field of the informant and when he objected, then they opened fire but no injury was caused to him.

It has been contended that the F.I.R. has been instituted with ulterior motive as co-accused Sri Ram Pandey is

Patna High Court Cr.Misc. No.41495 of 2014 (2) dt.27-03-2015 2/2 agnate of the informant and mother of Sri Ram Pandey wife of Bidhyadhar Pandey had sold the disputed land to the petitioner through registered deed no.5264 dated 27.02.2009 in respect of 62.5 decimals of land after receiving consideration money. Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, the petitioner Bishambhar Bind is directed to be released 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 learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S.Case No.556 of 2013, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T