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Patna High CourtCR. MISC./45443/2017allowed

Kshatriya Mandal @ Kshatri Mandal v. The State Of Bihar

2017-11-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.45443 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45443 of 2017 Arising Out of PS.Case No. -157 Year- 2017 Thana -SABAUR District- BHAGALPUR ======================================================

1. Kshatriya Mandal @ Kshatri Mandal Son of Late Sukhdeo Mandal, resident of Village- Pannu- Chak, P.S. Kahalgaon (Ghogha), DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sabour Police Station Case No. 157 of 2017, disclosing offences under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, the petitioner has been made accused in this case merely on the ground of suspicion. As a matter of fact, there is land dispute between the parties and on account of that petitioner has falsely been made accused in this case. No material has come during

Patna High Court Cr.Misc. No.45443 of 2017 (3) dt.10-11-2017 course of investigation against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, 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-Xth, Bhagalpur, in connection with Sabour Police Station Case No. 157 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T