Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32676 of 2017 Arising Out of PS.Case No. -130 Year- 2016 Thana -DIGHWARA District- SARAN ======================================================
1. Pappu Kumar Son of Late Parsuram Sah, Resident of Village- Mirpur Bhual, P.S. Dighwara, District- Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shambhu Sharan Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner.
Petitioner apprehends his arrest in connection with Dighwara PS case no. 130 of 2016 registered for the offences punishable under Sections 384 and other sections of Indian Penal Code.
It has been alleged by the informant that petitioner and other accused persons had assaulted him with an intention of extorting money and swindling the land of the informant which he had purchased by a valid sale deed.
Learned counsel for the petitioner submits that the present case has been filed by the informant on account of land dispute already going on between the parties. It is further submitted that the police had found the case to be untrue and had
Patna High Court Cr.Misc. No.32676 of 2017 (2) dt.13-07-2017 2/2 submitted final report. However, the learned Magistrate had illegally taken cognizance of the offence without differing with the final report submitted by the police. It is further submitted that the petitioner has clean antecedent barring one case which is filed by informant/ family members of the present case. Having regard to the facts and circumstances of the case, I deem it fit and appropriate to grant anticipatory bail to the petitioner.
Accordingly, let the abovenamed petitioner, in the event of his arrest or surrender in the Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-1st class, Chapra in connection with Dighwara PS case no. 130 of 2016 subject to the conditions enumerated under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J.) rinkee/- U T