Awadhesh Mandal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41151 of 2018 Arising Out of PS.Case No. -28037 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Awadhesh Mandal, son of late Kanhai Mandal, resident of villageChandpur, Police Station- Gogri, District- Khagaria, at Present Resident of Jai Prakash, behind Ramdev Mandir, Ashok Nagar, Gali No. 4, Patna. .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Girja Devi, wife of Dinesh Kumar, resident of Mohalla- East Ram Krishna Nagar (NTPC) Colony, Police Station- Ram Krishna Nagar, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Complaint Case No.28037 of 2014 instituted for the offence under Section(s) 406, 379, 324, 120/34 Indian Penal Code.
Counsel for the petitioner submits that altercation has taken place on account of land dispute.
From the complaint, it appears that altercation had taken place on account of land dispute. There is general and omnibus allegation against the petitioner. There is no injury to any body as per Complaint Petition.
Patna High Court Cr.Misc. No.41151 of 2018 (2) dt.13-07-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.28037 of 2014, 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 Additional Chief Judicial Magistrate, III, Patna, 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) JA/- U T