Dhanoj Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48953 of 2019 Arising Out of PS. Case No.-284 Year-2018 Thana- SAHPUR District- Patna ====================================================== Dhanoj Sao S/o Bhandari Sao, R/o Village/Muhalla- Gangahara, Futani Bazar, P.S.- Shahpur, Distirct- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Shahpur P.S. Case No. 284 of 2018 registered for the offences punishable under Sections 341, 323, 504, 354, 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner and informant are neighbours and only due to old enmity the informant has falsely been implicated the petitioner in the present case and lodged a false F.I.R. against the petitioner. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of this case, wherein it appears that both the parties are neighbours and they having some disputes of civil nature in which both the parties have indulged in the alleged occurrence, there is a case and counter case

Patna High Court CR. MISC. No.48953 of 2019(3) dt.20-11-2019 2/2 and in the counter case vide Annexure '2' the leaned Judicial Magistrate 1st Class, Danapur has taken cognizance of the offences of similar nature against the informant's side as also that the petitioner has got no criminal antecedent, in the event of his arrest or surrender within a period of four weeks from today, let the petitioner abovenamed be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1, Danapur in connection with Shahpur P.S. Case No. 284 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) vats/ved U T