Ram Sagar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44946 of 2018 Arising Out of PS.Case No. -216 Year- 2018 Thana -SUGAULI District- EASTCHAMPARAN (MOTIHARI) ====================================================== Ram Sagar Thakur, S/o Late Yamuna Thakur, R/o Vill.- Chhota Bangra, P.S.- Sugauli, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sugauli P.S. Case No. 216 of 2018 instituted for the offence under Sections 420, 467, 468 and 471 of the Indian Penal Code. Counsel for the petitioner submits that petitioner has no criminal antecedent. He has been implicated in this case on the instance of Hari Shankar Sharma, co-villager of the petitioner due to village politics. He further submits that 1 Kattha 7 dhur land of Khata No. 137, Plot No. 1817/1 was settled in the name of father of petitioner and Dhaneshar Thakur from Bettiah Raj much before the year 1941. Petitioner is sole son of late Jagarnath Thakur. In the written report it is alleged that when claim of the petitioner with regard to aforesaid land was verified from the

Patna High Court Cr.Misc. No.44946 of 2018 (2) dt.08-08-2018 2/2 register No. 27 of Bettiah Raj, the same was not found correct. In this manner, it is a case of purely civil dispute. 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 Sugauli P.S. Case No. 216 of 2018, 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 Chief Judicial Magistrate, Motihari, 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 his 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 case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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