Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46307 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -PANDAUL District- MADHUBANI ====================================================== Bhagwan Singh son of Gageshwar Singh, resident of village Khangaon (East), P.S. Pandaul, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Anish Chandra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 06-11-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Section 430 of the Indian Penal Code and Section 3 of the Prevention of Damage to Public Property Act, 1984. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case at the instance of one Sanjay Singh, his political rival. It is further submitted that as a matter of fact the canal in question is still under construction and not yet operational and thus there is no question of any cutting made so as to convert it into a pond as has been alleged in the FIR. It is further submitted that the petitioner is not involved in any other criminal case except one

Patna High Court Cr.Misc. No.46307 of 2015 (2) dt.06-11-2015 2/2 case being Pandaul P.S. Case No. 300/2011 under Sections 341,323,324,307 and 504 of the Indian Penal Code which was filed by Sanjay Singh in retaliation to the case filed by the petitioner against said Sanjay Singh.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Bhagwan Singh, in the event of his arrest/surrender in the court below within a period of four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pandaul P.S. Case No. 09/2015 to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the other conditions laid down under Section 438(2) Cr.P.C.

(Ramesh Kumar Datta, J) S.Pandey/- U T