Uma Kant Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26020 of 2016 Arising Out of PS.Case No. -141 Year- 2015 Thana -RAJIVNAGAR District- PATNA ======================================================
1. Uma Kant Bhagat S/o Late Shital Prasad Bhagat resident of Naya Tola, Bhikhanpur, P.S.- Ishakchak, District- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Saket Tiwary For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-07-2016 Heard the counsel for the petitioner and Mr. Umesh Lal Verma, APP for the State.
The petitioner herein seeks anticipatory bail in Rajiv Nagar P.S. Case No. 141 of 2015, registered under Sections 120(B)/143/147/148/307/386/447/465/466/467/468/471& 506 of the Indian Penal Code.
In substance, the allegation is that the accused persons cited in the FIR including the petitioner forcibly wanted to grab the land of the informant appertaining to plot no. 2614, which was purchased by him in 1937. The case of the petitioner is that he is purchaser of the adjoining plot bearing no. 2617. He has no claim over the land of the informant. The FIR was lodged with ulterior motive. As prior thereto another case being Rajeev Nagar
Patna High Court Cr.Misc. No.26020 of 2016 (2) dt.12-07-2016 2/2 Case No. 103 of 2015 was lodged against the informant and others. There is no allegation of assaulting the informant. Coaccused Sanjeev Kumar who is similarly named with further allegation of causing some injury to the informant has been released on anticipatory bail vide order dated 16.05.2016 passed in Cr. Misc. No. 16345 of 2016.
In the facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of K. Anjali, learned Judicial Magistrate 1st Class, Patna in Rajiv Nagar P.S. Case No. 141 of 2015 subject to the condition as laid down under Section 438(2), the code of Criminal Procedure with further condition that one of the bailors shall be his own/close family member. The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.
(Kishore Kumar Mandal, J) rohit/- U T