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Patna High CourtCR. MISC./9339/2018bail granted

Sudhir Kumar v. The State Of Bihar

2018-03-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9339 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sudhir Kumar, Son of Mathu Mahto, Resident of Village- Bariyarpur, Police Station- Chhatauni, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chatauni P.S. Case No. 185 of 2017 instituted for the offence under Sections-467, 468, 471, 420, 120B/34 of the Indian Penal Code.

There is allegation in the written report that this petitioner and other accused persons got issued forged land possession certificates under the signature of revenue clerk and Anchal Adhikari which was detected when the LPC was sent for verification by the Branch Manager.

Counsel for the petitioner has submitted that he has not taken any benefit on the basis of those LPC.

In the written report, itself it appears that no benefit was taken by the petitioner on the basis of the aforesaid LPC. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.9339 of 2018 (3) dt.27-03-2018 2/2 allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Chatauni P.S. Case No. 185 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T