Suresh Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62496 of 2017 Arising Out of PS.Case No. -201 Year- 2017 Thana -MADANPURA District- AURANGABAD ====================================================== Suresh Noniya, S/o Tapeshar Noniya, R/o Village- Madhokhap, P.S.- Madanpur, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Madanpur P.S. Case No. 201 of 2017 instituted for the offence under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is no injury on the record having sustained by the side of the informant. It has been submitted that prior to institution of present First Information Report, the petitioner had got instituted Madanpur P.S. Case No. 200 of 2017 on 5.9.2017 against the informant and his other family members. There is land dispute between the parties and both parties are Gotiyas. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.62496 of 2017 (2) dt.22-12-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madanpur P.S. Case No. 201 of 2017, 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, Aurangabad, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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