Patna High CourtCR. MISC./47229/2019bail granted

Md. Tantan v. The State Of Bihar

2019-07-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47229 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== MD. TANTAN Son of Manglo Resident of Village- Pan Bar Basti, P.S.- Pothiya, District- Kishanganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Pothia P.S. Case No. 46 of 2019, disclosing offences under Sections 341, 323, 379, 504 and 506/34 of the Indian Penal Code.

It is evident from the FIR that there is land dispute between the informant and the persons named in the FIR. There is allegation of assault against the persons named in the FIR of snatching of valuables.

Learned counsel, appearing on behalf of the petitioner, has submitted that because of the land dispute, a false case has been registered and the petitioner is apprehending his arrest because all the Sections, except Section 379 of the

Patna High Court CR. MISC. No.47229 of 2019(2) dt.30-07-2019 2/2 Indian Penal Code, are bailable.

Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned ACJM-1 Kishanganj in connection with Pothia P.S. Case No. 46 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T