Anil Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54630 of 2017 Arising Out of PS.Case No. -221 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Anil Mishra S/o Laxman Mishra @ Laxuman Mishra, R/o villageChakaradh, P.S.- Udwant, Nagar, District- Bhojpur (Arrah), .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandan Kumar Verma For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Udwantnagar P.S. Case No. 221 of 2017 instituted for the offence under Sections-379, 354 & other minor Sections of the Indian Penal Code. It has been submitted that there is dispute between the parties for Rasta. There is case and counter case between the parties. The mother of this petitioner has filed Udwantnagar P.S. Case No. 222 of 2017 against the informant and others.

In the instant case, there is allegation that the petitioner and other accused entered into house of the informant and assaulted him. Thereafter, the accused persons put down the daughter and daughter-inlaw of the informant and snatched their ornaments. The allegation against this petitioner is that he assaulted the informant with lathi. The injury report of the injured has been annexed

Patna High Court Cr.Misc. No.54630 of 2017 (2) dt.15-11-2017 2/2 as Annexure-3 to this petition wherein the doctor has found the injury on the person of the injured to be simple in nature. 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Udwantnagar P.S. Case No. 221 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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) A.K.V./- U T