Nandlal Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47625 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- BELHAR District- Banka ====================================================== NANDLAL PANDIT Son of Late Sobhan Pandit Resident of Village - Nimiyan, P.S.- Belhar, Dist.- Banka.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhananjay Kumar Pandey For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Belhar P.S. Case No. 78 of 2018, disclosing offences under Sections 427, 353, 504 and 506/34 of the Indian Penal Code, including Sections 3(2) (E) of the Prevention of Damages to Public Property Act, 1984, besides Section 33 of the Forest Act. It is alleged that the persons named in the FIR unauthorizedly, by use of force, had filled up a government pond.
It has been stated in paragraph 7 of this application that the encroachment, if any, has been removed, based on which a proceeding, which was initiated under Section 144 of the Cr. P.C. has been dropped.
Patna High Court CR. MISC. No.47625 of 2019(2) dt.31-07-2019 2/2 Considering the aforesaid statement, 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-IIIrs, Banka in connection with Belhar P.S. Case No. 78 of 2018, 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