Jag Bhushan Pandey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14855 of 2018 Arising Out of PS. Case No.-739 Year-2014 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Jag Bhushan Pandey, aged about 86 years, Son of Late Kokil Pandey @ Kokil Prasad Pandey, resident of Village- Harpur, P.S.- Bhairoganj, District West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Vijay Kumar Mishra Aged about 54 years, Son of Late Ram Lakhan Mishra, Resident of Village- Chan Walia, P.S. Bagha, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Complaint Case No. C-739 of 2014 registered for the offence punishable under Sections 420, 437, 468, 471 and 120(b) of the Indian Penal Code.
The allegation is regarding the accused persons having gone to the land of the complainant and thereafter, tried to capture the land of the complainant. During the course thereof, certain altercations had taken place.
The learned counsel for the petitioner submits that the petitioner is innocent and in fact, six persons have been granted anticipatory bail by an order dated 01.12.2015 passed in Criminal Miscellaneous No. 38715 of 2015, Criminal Miscellaneous No. 40308 of 2015 and Criminal Miscellaneous No. 46439 of 2015. It is the further case of the petitioner that the
Patna High Court Cr.Misc. No.14855 of 2018(2) dt.04-04-2018 2/2 petitioner has till now not been declared either an absconder or a proclaimed offender. The said fact is directed to be verified by the learned court below. It is further submitted that the petitioner is having a clean antecedent.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Complaint Case No. C-739 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, subject to verification by the learned trial court as to whether the petitioner has been or has not been declared a proclaimed offender or an absconder. In case the petitioner has been found to have been declared an absconder or proclaimed offender, the present order shall stand nullified. (Mohit Kumar Shah, J) ajay gupta/- U T