Niranjan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24923 of 2018 Arising Out of P.S. Case No.56 year- 2018 Thana -BARH District- PATNA ====================================================== Niranjan Choudhary Son of Sri Shiv Nandan Choudhary, Resident of Village-Burhani Chak, P.S.-Barh, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocat For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 07-05-2018 Heard.

The petitioner apprehends arrest in connection with Barh P.S.Case No.56 of 2018 registered for an offence under section 307 and other allied sections of the IPC. It has been submitted that the informant and petitioner are neighbours and they are at litigating term. The informant wants to construct boundary wall over the land of petitioner for which the petitioner filed a petition on 03.02.2018. On the said petition a report was called for from concerned police station. For the said land dispute a proceeding under Section 144 of the Cr.P.C was drawn in the year 2007 also vide case no.371M of 2014. After filing petition on 03.02.2018 the informant with false and frivolous allegation of demand of Rangdari and demolishing the

Patna High Court Cr.Misc. No.24923 of 2018 (2) dt.07-05-2018 2/2 wall, has lodged the present case.

The learned APP opposed the submissions.

Considering the nature of allegation facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of his arrest or surrender before the court below within six weeks from today 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 ACJM, Barh in connection with Barh P.S.Case No.56 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T