Jaigovind Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54380 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -GOH District- AURANGABAD ====================================================== Jaigovind Mistry, son of Karmu Mistry, resident of village-Anuri, P.S.-Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Goh P.S. Case No.77 of 2017 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code.

Counsel for the petitioner has submitted there has been free fight between the parties. There is case and counter case between the parties. Petitioner No.1 has also instituted Goh P.S. Case No.76 of 2017 against the informant and five others in which petitioner and others have sustained grievous injury. In the instant case, there is allegation that the accused persons assaulted the Informant and his other family members with lathi, danda etc. In the instant case, all the injured have sustained simple injuries. Occurrence has taken place on

Patna High Court Cr.Misc. No.54380 of 2017 (2) dt.10-11-2017 2/2 account of land dispute.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Goh P.S. Case No.77 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438(2) 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) JA/- U T