Syed Shams Majidi @ Syed Shans Majidi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35469 of 2018 Arising Out of PS.Case No. -1009 Year- 2012 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Syed Shams Majidi @ Syed Shans Majidi, son of Syed Masimut Tauheed @ Syed Samsul Tauhid, resident of village- Purana Quila, Pokhra Near Chamra Mandi, P.S.- Siwan, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Awdesh Narayan Rai, son of late Suryadeo Rai, resident of villageDumrahar Khurd, P.S.-Darauli, District-Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate with Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.1009 of 2012 instituted for the offence under Section(s) 466, 469, 120-B Indian Penal Code.

Counsel for the petitioner submits that petitioner was posted at Primary Health Centre, Darauli, in the year 2011, and in that course he has issued Injury Report on the same day and sent to the Police Station, which is annexed as Annexure-3 series. He has no concern with parties with whom there was altercation for land dispute. It is further submitted that there is no any sanction as required under Section 197 Cr.P.C.

Patna High Court Cr.Misc. No.35469 of 2018 (4) dt.21-08-2018 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 Complaint Case No.1009 of 2012, 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 Judicial Magistrate, 1st class, Siwan, 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.