Brij Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10503 of 2018 Arising Out of P.S.Case No. -1006 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Brij Kishor Singh S/o Late Harihar Singh, R/o Village- Mahadiganj, P.S.- Sasaram (M) District- Rohtas.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Siddharth Harsh, Advocate For the Opposite Party : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard.
The petitioner apprehends arrest in connection with Sasaram Town P.S.Case No.1006 of 2016 registered for an offence under Sections 448, 354(B), 379, 504 and 506/34 of the IPC.
It has been submitted that there is bonafide land dispute between the petitioner and the husband of the informant. The petitioner is tenant of the husband of the informant. The husband of the informant entered into an agreement to sell two shop rooms in favour of petitioner for which the petitioner paid an amount of Rs.2,00000/- as earnest. In spite of repeated demand, the husband of the informant did not execute the sale deed and so the petitioner filed Title Suit NO.136 of 2016. The husband of the informant along with some
Patna High Court Cr.Misc. No.10503 of 2018 (2) dt.27-02-2018 2/3 anti-social elements attempted to dispossess the petitioner from the said two shops for which the petitioner lodged police case vide Sasaram P.S.Case No.986 of 2016 on 28.08.2016 for the offence under Sections 379, 506, 427 and 34 of the IPC. After institution of the said case, the husband got the present case lodged against the petitioner through the wife.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner 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 CJM, Rohtas at Sasaram in connection with Sasaram Town P.S.Case No.1006 of 2016, subject to the conditions 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
Patna High Court Cr.Misc. No.10503 of 2018 (2) dt.27-02-2018 3/3 genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U