Vijay Tiwari @ Vijay Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27761 of 2019 Arising Out of PS. Case No.-93 Year-2017 Thana- SAHODARA District- West Champaran ====================================================== VIJAY TIWARI @ VIJAY CHAUBEY Son of Late Ghosh Tiwari, Resident of Village - Pipra, P.S.- Sahodara, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Sahodara P.S. Case No. 93 of 2017 registered for offence punishable under sections 489, 431, 353, 506 of the Indian Penal Code.

Allegation has been made that illegally the petitioner is making construction over the land of the monastery (Math). The learned counsel for the petitioner submits that the petitioner has one bigha land and he is making construction over his land, but the monastery is claiming to be own land. It is basically a civil dispute.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of

Patna High Court CR. MISC. No.27761 of 2019(2) dt.29-04-2019 2/2 arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Sahodara P.S. Case No. 93 of 2017, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) mkchy/- U T