Bambam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56847 of 2017 Arising Out of PS.Case No. -419 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Bambam Singh, S/o Kripal Singh, R/o Village- Behiain, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate. For the Opposite Party/s : Smt. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Wazirganj P.S. Case No. 419 of 2016 instituted for the offence under Sections 427, 448, 341, 323, 379, 354(a) and 504 of the Indian Penal Code.

From the written report it appears that there is general and omnibus allegation that all the accused persons including the petitioner entered into the house of the informant. The allegation against the petitioner is that he caught hold the breast of the informant.

Learned counsel for the petitioner has submitted that the instant case is a counter blast of Wazirganj P.S. Case No. 420 of 2016 lodged by the petitioner against the informant and his other family members. It is further submitted that petitioner is

Patna High Court Cr.Misc. No.56847 of 2017 (2) dt.05-12-2017 2/2 own uncle of the informant. 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 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Wazirganj P.S. Case No. 419 of 2016, 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 Additional Chief Judicial Magistrate, 1st, Gaya, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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