Anil Mahaldar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2435 of 2016 Arising Out of PS.Case No. -350 Year- 2015 Thana -KAHALGAON District- BHAGALPUR =====================================
1. Anil Mahaldar, Son of Ganauri Mahaldar, Resident of Village-Ogri, P.S.-Kahalgaon, District-Bhagalpur. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ===================================== Appearance :
For the Petitioner :Mr. Shiwesh Chandra Mishra, Adv. For the Opposite Party :Mr. Braj Kishore Prasad (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Kahalgaon P.S. Case No.350 of 2015, disclosing offences under Sections 379, 411 and 353/34 of the Indian Penal Code and Section 174 of the Railway Act. Learned counsel, appearing on behalf of the petitioner, appears to be right in his submission that on the basis of contents of First Information Report, no specific case against the petitioner, under Section 379 of
Patna High Court Cr.Misc. No.2435 of 2016 (2) dt.18-01-2016 2/2 the Indian Penal Code, is made out.
In view of 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Bhagalpur, in connection with Kahalgaon P.S. Case No.350 of 2015, 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 failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T