Baali Singh @ Bali Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40699 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -NAWINAGAR District- AURANGABAD ======================================================
1. Baali Singh @ Bali Singh Son of Naresh Singh, Resident of VillageSonversha, P.S. Nabinagar, District- Aurangabad. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Nabinagar P.S. Case No. 89 of 2016, disclosing offences under Sections 341, 323, 324, 325, 307 and 504 of the Indian Penal Code.
Learned counsel, appearing on behalf of the petitioner, has submitted that evidently because of land dispute, certain occurrence has taken place. According to him, the allegation, made in the First Information Report, is exaggerated version of what had happened and true version of the occurrence is in the counter case, instituted by one of the accused persons named in the present First
Patna High Court Cr.Misc. No.40699 of 2016 (2) dt.22-09-2016 2/2 Information Report. He has also submitted that all the injuries have been found to be simple in nature and no offence under Section 307 of the I.P.C. can be said to be made out on the basis of allegations made in the First Information Report. Considering the above submission, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Nabinagar P.S. Case No. 89 of 2016, subject to the condition 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 bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ajaypd.