Lallan Kharwar v. The State Of Bihar

Patna High Court Cr.Misc. No.55720 of 2016 (2) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55720 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -IMADPUR District- BHOJPUR ====================================================== Lallan Kharwar, S/o Algu Kharwar, resident of Village- Naraynpur, P.S.- Imadpur, District- Bhojpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Imadpur P.S. Case No. 40 of 2016 registered for the offences punishable under Sections 457, 380 and 411 of the Indian Penal Code. Allegedly, the petitioner was caught red handed when he was trying to take away the she buffalo of the informant. Submission is of false implication and that the petitioner has been made victim of circumstances, as a matter of fact, she buffalo damaged the crops of the petitioner and the petitioner went before the informant to make complaint but she cried and the villagers caught the petitioner as per cry made by the informant and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering

Patna High Court Cr.Misc. No.55720 of 2016 (2) dt.10-01-2017 the period of custody, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Shidharth Panday, Judicial Magistrate Ist Class, Bhojpur at Ara in connection with Imadpur P.S. Case No. 40 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T