Patna High CourtCR. MISC./56726/2019bail granted

Kanhai Pandey @ Kanhaiya Pandey v. The State Of Bihar

2019-09-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56726 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- RISIYAP District- Aurangabad ====================================================== KANHAI PANDEY @ KANHAIYA PANDEY Son of Kedar Pandey Resident of Village- Gheura, P.S.- Risiup, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Resiup P.S. Case No. 32 of 2019, disclosing the offence under Sections 341, 323, 308, 504/34 of the Indian Penal Code. It is evident from the First Information Report that the petitioner and the informant are agnates. It is alleged that the persons named in the FIR entered into the informant's shop, assaulted him and ransacked the entire shop.

Learned counsel appearing on behalf of the petitioner has submitted that property dispute is apparently the reason behind lodging of the case. It has also been argued that there is a counter-case registered by father of the petitioner in which the informant is an accused.

Patna High Court CR. MISC. No.56726 of 2019(2) dt.06-09-2019 2/2 Considering the genesis of occurrence, this application is allowed. Let the petitioner, above-named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM-VIII, Aurangabad in Risiup P.S. Case No. 32 of 2019, subject to the condition 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) Rajesh/- U T