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Patna High CourtCR. MISC./37850/2019bail granted

Chandeshwari Mandal @ Chandra Shekhar Mandal v. The State Of Bihar

2019-06-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37850 of 2019 Arising Out of PS. Case No.-588 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== CHANDESHWARI MANDAL @ CHANDRA SHEKHAR MANDAL S/o Late Satya Narayan Mandal R/o village- Bhan Tekthi, P.S.- Ghailardh (Madhepura), District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Madhepura (Ghailardh) P.S. Case No. 588 of 2018, disclosing offences under Sections 341, 323, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that it is evident from the FIR that the land dispute is the reason behind an occurrence, which is said to have taken place, for which case and counter case have been registered. He has further submitted that there is no specific allegation of assault against the petitioner and similarly circumstanced co-accused has been granted anticipatory bail by an order of this Court dated 02.04.2019, passed in Cr. Misc. No. 18144 of 2019.

Patna High Court CR. MISC. No.37850 of 2019(2) dt.21-06-2019 2/2 Considering the above submission, and on perusal of the order dated 02.04.2019, in my opinion, a case for grant of anticipatory bail is made out. This application is accordingly allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Ghailardh) P.S. Case No. 588 of 2018, subject to the condition as 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) HR/- U T