← Library
Patna High CourtCR. MISC./7202/2016bail granted

Awadhlal Sah v. The State Of Bihar

2016-03-15Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7202 of 2016 Arising Out of PS.Case No. -224 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Awadhlal Sah, Son of Late Ram Jiwan Sah, Resident of Village- Jamua, P.S. Bairgania, District- Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bairgania P.S. Case No. 224 of 2015, disclosing offences under Sections 147, 148, 149, 323, 324, 325, 307, 504 and 506 of the Indian Penal Code.

It is submitted on behalf of the petitioner that there is a land dispute between the parties, which is the reason behind the institution of the present case and is a counter-blast of the earlier case instituted by the side of this petitioner, being Bairgania P.S. Case No. 225 of 2015. He submits that the petitioner has no criminal antecedent and in the facts and circumstances of the case, there is no chance of petitioner tampering with the evidence and

Patna High Court Cr.Misc. No.7202 of 2016 (2) dt.15-03-2016 2/2 influencing the witnesses.

Considering the submission as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 224 of 2015, subject to the conditions 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) Vats/- U T