Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31792 of 2019 Arising Out of PS. Case No.-205 Year-2018 Thana- SINDHWARA District- Darbhanga ====================================================== MD. KALAM Son of Late Anwarul Haque, Resident of Village - Pansallah, P.S.- Singhwara, District- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-05-2019 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 Singhwara P.S. Case No. 205 of 2018 registered for offence punishable under sections 325/504/467 of the Indian Penal Code.

The F.I.R. itself shows that both sides are claiming the right, title and possession over the land and having stated that the informant has been allotted the fund by the Government for construction of the house but petitioner's side are not allowing to construct the house to be made over the said 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

Patna High Court CR. MISC. No.31792 of 2019(2) dt.14-05-2019 2/2 event of 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 Additional Chief Judicial Magistrate-V, Darbhanga in connection with Singhwara P.S. Case No. 205 of 2018, 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) Mahesh/- U T