Patna High CourtCR. MISC./17690/2016bail granted

Shyam Lal Bishwas v. The State Of Bihar

2016-05-17Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.17690 of 2016 (4) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17690 of 2016 Arising Out of PS.Case No. -336 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Shyam Lal Bishwas son of Late Bhola Bishwas, resident of VillageBorail, Police Station- Mahalgaon (Jokihat), District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of anticipatory bail arises out of Jokihat (Mahalgaon) P.S. Case No. 336 of 2015, disclosing offences under Sections 341,448,323,354B,504/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner and the informant are next door neighbours and as a matter of fact, the petitioner was assaulted by informant of this case and her family members on the alleged date of occurrence whereafter the petitioner had become unconscious and was hospitalized. After he regained consciousness, an First Information Report being Jokihat (Mahalgaon) P.S. Case No. 339 of 2015 has

Patna High Court Cr.Misc. No.17690 of 2016 (4) dt.17-05-2016 been lodged in which the informant of this case and others have been made accused. In any event, he submits that the petitioner cannot tamper with the evidence or influence the witnesses, if he is granted privilege of anticipatory bail.

Considering this fact, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Araria in Jokihat (Mahalgaon) P.S. Case No. 336 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) ArunKumar/- U