Mahendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24949 of 2016 Arising Out of PS.Case No. -30 Year- 2014 Thana -KANHAULI DistrictSITAMARHI =====================================
1. Mahendra Ram, Son of Suruj Ram, Resident of village - Madhukarpur, Police Station - Kanhauli, District - Sitamarhi. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Braj Kishore Pd. (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 The certified copy of the First Information Report of Kanhauli P.S. Case No.30 of 2014 has been filed on behalf of the petitioner in course of the day. Let it be kept on record.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kanhauli P.S. Case No.30 of 2014, disclosing offences under Sections 341, 323, 324, 308, 379 and 504/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.24949 of 2016 (2) dt.21-06-2016 2/3 Learned counsel for the petitioner has submitted, referring to the First Information Report, that for an occurrence, which had allegedly taken place on 19.03.2014, the FIR came to be lodged on 04.04.2014, without any explanation for such delay. He has submitted that it is evident from the First Information Report that there is land dispute between the parties, which is the reason behind lodging of a false case. In paragraph 3 of the application, it has been stated that the petitioner has no criminal antecedent.
Considering the submission, as above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Prashant Kumar Jha, learned Additional Judicial Magistrate-VI, Sitamarhi, in connection with Kanhauli P.S. Case No.30 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of
Patna High Court Cr.Misc. No.24949 of 2016 (2) dt.21-06-2016 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T