Chandan Das @ Chandan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41268 of 2018 Arising Out of PS.C.ase No. -293 Year- 2016 Thana -WARSALIGANJ District- NAWADA ======================================================

1. Chandan Das @ Chandan Kumar Das S/o Lalkeshwar Das, R/o Vill.- Sangat Par, P.S.- Warisaliganj, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Warisaliganj P.S. Case No. 293/2016, instituted for the offences under Sections 447, 341, 323, 385 and 387/34 of the Indian Penal Code. In the written report, it is alleged that the accused persons including the petitioner demanded Rangdari from the informant when she was constructing house on her land. On refusal, the petitioner along with others assaulted the informant with lathi and also took away Rs. 5,000/-.

It appears that there is general and omnibus allegation against the petitioner. There is no injury sustained by anybody. It further appears from the written report itself that the occurrence is

Patna High Court Cr.Misc. No.41268 of 2018 (2) dt.17-07-2018 2/2 alleged to have taken place on account of previous land dispute between the parties.

Considering the facts and circumstances of the case, the 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 Warisaliganj P.S. Case No. 293/2016, 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 the learned Additional Chief Judicial Magistrate-II, Nawada, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)