Mulchand Golcha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55432 of 2017 Arising Out of PS.Case No. -2772 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Mulchand Golcha, son of late Gobardhan Das Golcha, resident of Arun Golcha Path, Forbisganj, P.S. Forbisganj, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Fanilal Sah, son of late Dhaniklal Sah, resident of Village- Dakshin Maheshwari, Ward No. 18, P.S. Jobani, District Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.2772-C of 2015 instituted for the offence under Section(s) 420 and 418 Indian Penal Code.

Counsel for the petitioner has submitted that he has received compensation amount from the Land Acquisition Officer after proper verification of paper of the land. He is bonafide purchaser of those lands. Counsel for the petitioner has further submitted that, in fact, no criminal offence is made out. 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

Patna High Court Cr.Misc. No.55432 of 2017 (2) dt.19-12-2017 2/2 six weeks from today in connection with Complaint Case No.2772-C of 2015, 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 Chief Judicial Magistrate, Araria, 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