Kapleshwer Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60008 of 2017 Arising Out of PS.Case No. -103 Year- 2017 Thana -SUPAUL District- SUPAUL ======================================================

1. Kapleshwer Sah S/o Late Bhuneshwar Sah, R/o Kariho, P.S. & DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Smt. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Supaul P.S. Case No. 103 of 2017 instituted for the offence under Sections 188/353 of the IPC.

Counsel for the petitioner has submitted that the petitioner is paying revenue to the State of Bihar and the alleged land is running in the name of the petitioner grand-father since long time. In the written report, there is allegation against this petitioner that he was directed to remove the encroachment and when the informant came to remove the encroachment, this petitioner made obstruction.

As such there is general and omnibus allegation against this petitioner.

Patna High Court Cr.Misc. No.60008 of 2017 (2) dt.13-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Supaul P.S. Case No. 103 of 2017 to the satisfaction of learned C.J.M., Supaul subject to condition as laid down u/S 438

(2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T