Ram Swarath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58271 of 2015 Arising Out of PS.Case No. -253 Year- 2015 Thana -MAJORGANJ District- SITAMARHI ===================================== Ram Swarath Sah, Son of Late Ayodhya Sah, R/o VillageRaghunathpur, P.S.-Majorganj, District-Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastri (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Majorganj P.S. Case No.253 of 2015, disclosing offences under Sections 341, 323, 324, 308, 504 and 506/34 of the Indian Penal Code. Learned counsel, appearing on behalf of the petitioner, submits that the occurrence took place

Patna High Court Cr.Misc. No.58271 of 2015 (2) dt.01-02-2016 2/3 because of land dispute between the parties, as is evident from the First Information Report. There is counter version of the same occurrence on the basis of which, one Majorganj P.S. Case No.254 of 2015 has been instituted by the petitioner. He also submits that the parties have been able to resolve the dispute amicably and no purpose would be served, if the petitioner is taken into custody in the present case. In view of the submission, as above, this application is allowed.

Let the petitioner, abovenamed, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-ICum-Additional Chief Judicial Magistrate, Sitamarhi, in connection with Majorganj P.S. Case No.253 of 2015, 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

Patna High Court Cr.Misc. No.58271 of 2015 (2) dt.01-02-2016 3/3 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.) Praveen-II/- U T