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Patna High CourtCR. MISC./10401/2018bail granted

Rudal Sada v. The State Of Bihar

2018-02-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10401 of 2018 Arising Out of PS.Case No. -150 Year- 2017 Thana -MARKAHI District- KHAGARIA ====================================================== Rudal Sada, S/o Ganeshi Sada, R/o Village- Gharari, (Rashauk), P.S.- Morkahi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Ravish, Advocate. Mr. Jai Kishor Poddar, Advocate.

Mr. Kashyap Kaushal, Advocate.

For the Opposite Party/s : Smt. Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Morkahi P.S. Case No. 150 of 2017 instituted for the offence under Sections 385, 386, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that there is no injury to anybody.

From the written report it appears that there is allegation that petitioner made firing in the air. It further appears that there is land dispute between the parties. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.10401 of 2018 (2) dt.27-02-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Morkahi P.S. Case No. 150 of 2017, 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 learned Sub Divisional Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T