Krishna Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5865 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Krishna Das, S/o Habbu Das, resident of Village- Harla, Police StationLaxmipur, District- Jamui. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Laxmipur P.S. Case No. 129 of 2015 (Complaint Case No. 637c of 2015), disclosing offences under Sections 341, 447, 323, 504, 376, 511, 354B, 307 and 380/34 of the Indian Penal Code. A complaint case instituted by the informant is the basis of registration of the First Information Report. There are altogether nine accused persons.

Learned counsel appearing on behalf of the petitioner submits that the case of the prosecution on the face of it appears to be highly improbable. In any event, he submits that there is no specific allegation against this petitioner of any overt act. He

Patna High Court Cr.Misc. No.5865 of 2016 (2) dt.22-02-2016 2/2 further contends that the false case has been instituted because of land dispute.

In view of the submissions as above, 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 129 of 2015 (Complaint Case No. 637c of 2015), subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T