Bishwanath Goenka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30014 of 2019 Arising Out of PS. Case No.-753 Year-2018 Thana- KATIHAR District- Katihar ====================================================== BISHWANATH GOENKA Son of Late Mahabir Prasad Goenka, Resident of Durgapur, Ward No.33, P.S.- Katihar, and District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. P.C. Agrawal, Adv.

Mr. Gautam Kumar Kejriwal, Adv.

Preety Kr.

For the Opposite Party/s :

Mr.Ajit Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-05-2019 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 Katihar P.S. Case No. 753 of 2018 registered for offence punishable under sections 323, 342, 504, 452, 379, 385, 384, 387/34 of the Indian Penal Code. The complaint petition itself shows that it is a serious litigation of land between the parties and in order to settle the score, the present case has been filed. The learned counsel for the informant submits that a serious allegation has been made against this petitioner, he was also involved in demanding the ransom of Rs.15,00,000/- (fifteen lakhs) or in alternative two katha land. It has been

Patna High Court CR. MISC. No.30014 of 2019(2) dt.09-05-2019 2/2 further submitted that the son of the petitioner is an Advocate in Katihar Civil Court and he is so powerful, even after the complaint, nothing has been happened against him. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the 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 Chief Judicial Magistrate, Katihar in connection with Katihar Town P.S. Case No. 753 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) mkchy/- U T