Sunil Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62777 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -HABIBPUR District- BHAGALPUR ====================================================== Sunil Shekhar, S/o Yudhishthir Mandal, Resident of Mohalla- Salehpur, P.S.- Habibpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate. For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Habibpur P.S. Case No. 69 of 2016 instituted for the offence under Sections 406, 420, 467, 468, 341, 323, 386, 327 and 504 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that this petitioner has executed sale deed in favour of the complainant on the basis of Power of Attorney given by Surendra Kumar Suman and Mausami Rani. After purchasing the land, the complainant came in possession over it and got his name mutated. It is alleged that Surendra Kumar Suman and Mausami Rani caused obstruction to the complainant in possession of land and made demand of Rangdari. They also gave threat and told that he

Patna High Court Cr.Misc. No.62777 of 2017 (3) dt.13-02-2018 2/3 has got the land purchased in the year 2010 and now the price of land has increased and hence made demand of Rs.15,00,000/- as Rangdari.

In this manner, from the complaint petition itself it appears that there is specific allegation of overt act against Surendra Kumar Suman and Mausami Rani.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Habibpur P.S. Case No. 69 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Bhagalpur, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that

Patna High Court Cr.Misc. No.62777 of 2017 (3) dt.13-02-2018 3/3 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T