Bidur Singh @ Bidur Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11201 of 2018 Arising Out of PS.Case No. -34 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================
1. Bidur Singh @ Bidur Kumar Singh, S/o Late Bhaddo Singh @ Shambhu Singh, resident of village- Gamail, P.S.- Bihariganj, DistrictMadhepura. .... .... Petitioner/s
Versus
1. THE STATE OF BIHAR.
2. RAMESH GUPTA, S/O LATE SARYUG GUPTA, RESIDENT OF VILLAGE- GAMAIL, P.S.- BIHARIGANJ, District- Madhepura. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Yogendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.34 of 2014 instituted for the offence under Section(s) 147, 148, 323, 379, 324, 326, 504/34 Indian Penal Code. Counsel for the petitioner has submitted that other accused with similar allegation have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 15.01.2018 passed in Cr. Misc. No.76 of 2018. Alleged occurrence took place on 17.08.2014, but the complaint has been filed on 14.10.2014.
It has been submitted that petitioner and the Complainant are co-villagers and dispute on account of
Patna High Court Cr.Misc. No.11201 of 2018 (2) dt.08-03-2018 2/2 panchayat election is going on between them. There is no injury sustained by any one.
In the facts and circumstances of the case, prayer of 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 Complaint Case No.34 of 2014, 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 Judicial Magistrate, 1st class, Uda Kishunganj, Madhepura, 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/- U T