Ramesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31322 of 2018 Arising Out of PS.Case No. -474 Year- 2017 Thana -BAKHTIYARPUR District- PATNA ====================================================== Ramesh Rai, son of Devan Ray, resident of Village-Abbu Mahmadpur, Police Station- Bakhtiarpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bakhtiarpur P.S. Case No.474 of 2017 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 447, 379, 307, 504 506 386 and 387 Indian Penal Code.

Counsel for the petitioner submits that there is no specific allegation of overt act against the petitioner. Counsel for the petitioner further submits that occurrence has taken place due to land dispute.

In the written report, it is mentioned that during measurement of the land occurrence has taken place. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.31322 of 2018 (3) dt.18-06-2018 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bakhtiarpur P.S. Case No.474 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 the Additional Chief Judicial Magistrate, Barh, District- Patna 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- Rohit Kr.

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