Patna High CourtCR. MISC./39138/2018bail granted

Sunil Rai v. The State Of Bihar

2018-07-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39138 of 2018 Arising Out of PS.Case No. -50 Year- 2018 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Sunil Rai, son of Ram Vilas Rai, resident of village- Uma Nagar P.S.- Chhapra Muffasil, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amit Kumar Jha, Advocate For the Opposite Party/s : Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Chapra Mufassil P.S. Case No.50 of 2018 instituted for the offence under Section(s) 467, 468, 469, 471, 420, 384, 386, 120-B/34 Indian Penal Code.

Counsel for the petitioner submits that offence is alleged to have taken place on 12.01.2018 and instant case has been filed on 01.02.2018 after delay of about one month. Counsel for the petitioner submits that general and omnibus allegation has been levelled against the petitioner. From the written report, it appears that there is land dispute between the parties.

Patna High Court Cr.Misc. No.39138 of 2018 (2) dt.05-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chapra Mufassil P.S. Case No.50 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chhapara, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.