Bhola Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25356 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -GAUNAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Bhola Sah, son of Late Devisharan Sah, resident of Village- Belwa Bahuari, P.S.- Guanaha, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Ms. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.
This application, for grant of anticipatory bail, arises out of Gaunaha Police Station Case No. 14 of 2017, disclosing offences under Sections 341/323/379/504/ 506/34 of the Indian Penal Code.
The informant of the case is the son of a PDS Dealer. It is alleged that the accused persons were demanding ration, leading to some altercation between the informant and the petitioner.
Learned Counsel for the petitioner has submitted that incorporation of Section 379 of the Indian
Patna High Court Cr.Misc. No.25356 of 2017 (2) dt.10-07-2017 2/2 Penal Code in the First Information Report is superimposition and petitioner's implication is mala fide. Be that as it may, considering the nature of accusation, this application is allowed.
Let the petitioner, Bhola Sah, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, West Champaran, at Bettiah, in connection with Gaunaha Police Station Case No. 14 of 2017, 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 him part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √