Sunil Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61640 of 2019 Arising Out of PS. Case No.-123 Year-2019 Thana- RAJPUR District- Buxar ====================================================== SUNIL BIND S/o Lt. Kanhaiya Bind R/o village- Basahi, P.S.- Rajpur, DisttBuxar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends arrest in connection with Rajpur P.S. Case No. 123 of 2019 instituted for the offence under Section(s) 341,323,379 and 504/34 of the Indian Penal Code. Having no criminal antecedents, it is submitted that the petitioner has falsely been implicated in the instant case. The First Information report was lodged on 13.06.2019 at 3 O'clock in the afternoon even though the alleged occurrence is alleged to have taken place on 12.06.2019 at 7 O'clock, there is no explanation for the delay and it is on basis of old enmity between the co-villagers that the petitioner has been implicated in the instant false case.

The learned APP for the State opposed the prayer for bail.

Patna High Court CR. MISC. No.61640 of 2019(3) dt.13-12-2019 2/2 Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, before the court below, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate,Buxar in connection with Rajpur P.S. Case No. 123 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T