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Patna High CourtCR. MISC./17647/2019bail granted

Anil Sah v. The State Of Bihar

2019-03-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17647 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== 1.

ANIL SAH, Son of Shankar Sah, Resident of Villgae - Sutihar, P.S.- Derhni, Distt - Saran at Chapra.

2.

Aditya Kumar @ Bhola Son of Anil Sah, Resident of Village - Sutihar, P.S.- Derhni, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Derhni Police Station Case No. 7 of 2019, disclosing offences under Sections 436 and 506 of the Indian Penal Code. There is allegation against the accused persons of having set on fire the informant's house leading to serious damages.

Learned Counsel appearing on behalf of the petitioners submits that dispute between the parties over passage is an admitted fact which can be seen from the order of learned Additional Sessions Judge, Saran at Chapra, while rejecting the

Patna High Court CR. MISC. No.17647 of 2019(2) dt.26-03-2019 2/2 application of petitioners for grant of anticipatory bail. As stated in paragraph 3 of this application, the petitioners have no criminal antecedent.

Considering the above, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate VII, Saran at Chapra, in connection with Derhni Police Station Case No. 7 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) ragini/- U T