Patna High CourtCR. MISC./46662/2015bail granted

Shambhu Ram v. The State Of Bihar

2015-10-16Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46662 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -JAMUI District- JAMUI ======================================================

1. Shambhu Ram Son of Late Jagdish Ram Resident of village - Krishnapatti, P.S. Jamui, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-10-2015 Heard the Counsel for the petitioner and the APP for the State.

Petitioner is facing prosecution under Sections 120(B), 420, 467, 468, 471 and 504 of the Indian Penal Code on the basis of a complaint lodged by his full brother which was later treated as an F.I.R. It is stated that in the mutation proceeding the informant was shown by the petitioner as dead having no issue. Contention of the petitioner is that it is property dispute. Subsequently, both the brothers i.e. the petitioner and the informant have jointly sold the property.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.46662 of 2015 (2) dt.16-10-2015 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in Jamui P.S. Case No. 77 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T