Patna High CourtCR. MISC./58587/2015bail granted

Prakash Rajak v. The State Of Bihar

2016-02-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58587 of 2015 Arising Out of PS.Case No. -333 Year- 2015 Thana - KAHALGAON. District- BHAGALPUR ===================================== Prakash Rajak, Son of Mahendra Rajak, R/o Shiv Kumari Pahad, Ward No. 16, P.S. - Kahalgaon, District - Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjiv Sharan, Advocate For the Opposite Party: Mr. Anish Chanra, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Kahalgaon PS Case No.333 of 2015 disclosing offences under Sections 447/504/323/307/379/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that no offence under section 307 IPC is made out on the basis of the contents of the First Information Report. He further submits that the petitioner is working as Subedar in Indian Army. According to him, the occurrence took place over a dispute between the parties relating to a piece of land. Considering the nature of the dispute and

Patna High Court Cr.Misc. No.58587 of 2015 (2) dt.01-02-2016 2/2 accusation against the petitioner, this application is allowed. It is directed that in the event of his arrest, the petitioner above-named, shall 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 Judicial Magistrate 1st Class, Bhagalpur, in connection with Kahalgaon PS Case No. 333 of 2015, subject to the conditions as laid down under Section 438(2) CrPC.

This is subject to the further condition that the petitioner shall present himself before the police/Court below, 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T