Harendra Tiwary @ Guddu Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5985 of 2018 Arising Out of PS.Case No. -196 Year- 2009 Thana -HASPURA District- AURANGABAD ====================================================== Harendra Tiwary @ Guddu Tiwary, Son of Chandra Bilas Tiwary, Resident of Village- Mahuar, P.S.- Hasanpura, District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. S. Ehteshamuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Haspura P.S. Case No. 196 of 2009 instituted for the offence under Sections 384, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that this is a case of land dispute. In the written report it is mentioned that when the informant was constructing boundary wall, the petitioner abused and gave threat to kill him and also made demand of Rangdari.
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 Haspura P.S. Case No.
Patna High Court Cr.Misc. No.5985 of 2018 (3) dt.22-02-2018 2/2 196 of 2009, 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, Daudnagar (Aurangabad), 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