Anup Kumar @ Nepali @ Nepali Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41095 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Anup Kumar @ Nepali @ Nepali Sao, S/o Late Brij Nath Prasad Sao, resident of Mohalla- Mahua Shaheed, P.S.- Nagar, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Sri Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Aurangabad (Town) P.S. Case No. 195 of 2016, disclosing offences under Sections 307, 379, 325, 323, 341, 147 and 148 of the Indian Penal Code.

From the First Information Report, it is evident that there is a Title Suit pending between the informant and accused Narendra Prasad. It is alleged against the petitioner and other accused persons that they were trying to break open the door of the house of the informant and throwing out his wife and mother from the said house.

Learned counsel for the petitioner has submitted that for an occurrence which on the same date and time as alleged in the First Information Report on the basis of counter version

Patna High Court Cr.Misc. No.41095 of 2016 (3) dt.29-09-2016 2/2 another First Information Report has been registered giving rise to Aurangabad (Town) P.S. Case No. 194 of 2016 in which the informant is an accused.

Considering the genesis of occurrence and nature of allegation, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (Town) P.S. Case No. 195 of 2016, 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) Vats/-c U T