Patna High CourtCR. MISC./30477/2016bail granted

Md. Anwarul v. State Of Bihar And ANR

2016-11-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30477 of 2016 Arising Out of PS.Case No. -1605 Year- 2015 Thana -MADHEPURA COMPALINT CASE District- MADHEPURA ====================================================== Md. Anwarul, son of Late Shekh Yusuf, Resident of village Jhitkiya, P.S.- Singheshwar, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Sharfuddin Azam, son of Late Md. Asrafuddin, resident of village Madhepura Town Ward No. 10, P.S.- Madhepura, District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2016 Heard the Counsel for the petitioner and the APP for the State.

Petitioner prays for grant of anticipatory bail in Complaint Case No. 1605 of 2015 registered under Sections 420, 467, 468, 120(B, 323 and 379 of the Indian Penal Code. On going through the narration made in the complaint and the statement made in the bail application as well as the supplementary affidavit, it appears to the Court that the issue is predominantly civil in nature. Parties are claiming title over the land.

Considering the above, the Court is inclined to grant petitioner the privilege of anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, the petitioner

Patna High Court Cr.Misc. No.30477 of 2016 (3) dt.10-11-2016 2/2 abovenamed is directed to 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 Md. Firoj Alam, Judicial Magistrate, 1st Class, Madhepura in Complaint Case No. 1605 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T