Shyam Mandal @ Shyam Kumar @ Shyam Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27197 of 2017 Arising Out of PS.Case No. -252 Year- 2016 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Shyam Mandal @ Shyam Kumar @ Shyam Kumar Mandal Son of Kailash Mandal, Resident of Village- Chhoti Badarpur, Purab Tola, P.S.- Nath Nagar (Madhusudanpur) , District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nathnagar (Madhusudanpur) Police Station Case No. 252 of 2016, disclosing offences under Section 436 of the Indian Penal Code.

Learned Counsel appearing on behalf the petitioner has submitted that it is evident from the First Information Report that the informant did not see the petitioner involved in the commission of the offence; rather, implication of the petitioner is based on the information given by daughter of the informant. He has also submitted that it is evident from the First Information Report that

Patna High Court Cr.Misc. No.27197 of 2017 (2) dt.01-07-2017 2/2 there is land dispute between the parties.

Considering the facts and circumstances, this application is allowed.

Let the petitioner, Shyam Mandal @ Shyam Kumar @ Shyam Kumar Mandal, 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 Additional Chief Judicial Magistrate I, Bhagalpur, in connection with Nathnagar (Madhusudanpur) Police Station Case No. 252 of 2016, 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 his 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 √