Patna High CourtCR. MISC./31794/2016bail granted

Mazre Alam v. The State Of Bihar

2016-08-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31794 of 2016 Arising Out of PS.Case No. -228 Year- 2011 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mazre Alam, son of Ramjan Kabari, resident of Village- Parari, P.S- Dhaka, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2016 Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Sri Nand Kishore Prasad, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Dhaka P.S. Case No.228 of 2011 registered for the offence under Sections 295A and 297 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that in this case, F.I.R. was lodged long back on 31.12.2011 and there is specific accusation against one Munna Chaudhary that Munna Chaudhary encroached over the land of graveyard. He submits that after more than four years, in the supervision note, the petitioner has been made accused.

Patna High Court Cr.Misc. No.31794 of 2016 (2) dt.24-08-2016 2/2 Learned Addl. Public Prosecutor, opposing the prayer for anticipatory bail of the petitioner, submits that in number of paragraphs of the case diary, the petitioner's name has come. However, keeping in view the fact that the petitioner's name has come after about four years, which is evident from the impugned order, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, let the petitioner, namely, Mazre Alam, in the event of his arrest or surrender within six weeks from today, 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, Sikrahana, East Champaran at Motihari in connection with Dhaka P.S. Case No.228 of 2011, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U T