Mantu Nakahana @ Ashok Kumar Nakahana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39090 of 2015 Arising Out of PS.Case No. -67 Year- 2014 Thana -LAUKHA District- MADHUBANI ====================================================== Mantu Nakahana @ Ashok Kumar Nakahana Son of Yogi Nakahana, resident of village - Barkor, P.S. - Laukaha, District - Madhubani. ....... Petitioner

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl.P.P. ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Laukaha PS Case No.67 of 2014, disclosing offences under Sections 341, 323 and 34 of the Indian Penal Code and Section 3(x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel for the petitioner submits that land dispute between the parties is an admitted fact, as is evident from the first information report also. He further submits that there has been delay of four days in institution of the first information report, without any explanation at all. Considering the submission aforesaid, this application is allowed.

Patna High Court Cr.Misc. No.39090 of 2015 (2) dt.28-09-2015 2/2 Let the petitioner above named, in the event of his arrest or surrender before the Court below within six weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Shri C B Singh, Judicial Magistrate 1st Class, Jhanjharpur in Laukaha PS Case No.67 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) mrl U T