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Patna High CourtCR. MISC./46431/2017bail granted

Daud @ Daud Ahmad @ Munna v. The State Of Bihar

2017-10-03Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46431 of 2017 Arising Out of PS. Case No.-657 Year-2015 Thana- ARARIA District- Araria ====================================================== Daud @ Daud Ahmad @ Munna Son of late Dildar Resident of VillageIslamnagar, Ward No. 27, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambrish Kumar Jha For the Opposite Party/s :

Mr. SRI AMRENDRA PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Araria P.s. Case N0. 657of 2015, disclosing offences under Sections 147,148,149,323,341,324,307,379,354B,447,448,504 of the Indian Penal Code.

A complaint case lodged more than one month after the date of occurrence is the basis for registration of the First Information Report under Section 156(3) of the Code of Criminal Procedure.

Learned counsel for the petitioner has submitted that it is evident that the alleged occurrence is said to have taken place when the informant was intending to raise construction over a land in view of dispute between the parties.

Patna High Court Cr.Misc. No.46431 of 2017(2) dt.03-10-2017 2/2 Considering the genesis of occurrence and the accusation against the petitioner, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in Araria P.S. Case No. 657 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U