Anil Kumar @ Anil Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26410 of 2022 Arising Out of PS. Case No.-520 Year-2021 Thana- JOGAPATTI District- West Champaran ====================================================== ANIL KUMAR @ ANIL KUMAR PRASAD Son of Late Gopalji Prasad Resident of Village - Bagahi, Tola Khanua, P.S.- Yogapatti, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Informant :

Mr.Anant Kumar Mishra For the State Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-07-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in connection with Yogapatti P.S. Case No. 520 of 2021 registered for the offences punishable under Sections 341, 323, 327, 354(b), 379, 452, 427, 504, 34 of the Indian Penal Code.

As per prosecution case, the petitioner is alleged to have assaulted the informant with fist and slap and also torn the clothes of the informant. It is further alleged that petitioner along with other accused entered into the house of informant and took away Rs. 50000/- and jwellery worth Rs. 75,000/-.

Patna High Court CR. MISC. No.26410 of 2022(2) dt.13-07-2022 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on account of land dispute between the parties. Petitioner and informant are agnates. Title suit bearing T.S. No. 238/2021 is pending between the parties before the court below in connection with disputed land. Petitioner is in custody since 24.12.2021 and bears criminal antecedent of three cases and all the cases have been lodged at the instance of present informant and his relatives. Charge sheet has already been submitted and accordingly, cognizance has been taken against the present petitioner and as such there is no likelihood of tampering the evidence.

The learned counsel for the informant and learned A.P.P. for the State oppose the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering the evidence, cognizance has also been taken and also taking into consideration the material available on record, let the petitioner above named be released on 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 Chief Judicial

Patna High Court CR. MISC. No.26410 of 2022(2) dt.13-07-2022 3/3 Magistrate, Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 520 of 2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T