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Patna High CourtCR. MISC./69521/2018bail granted

Chhabilal Tanti And ORS v. The State Of Bihar

2018-12-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69521 of 2018 Arising Out of PS. Case No.-142 Year-2018 Thana- BELHAR District- Banka ======================================================

1. Chhabilal Tanti, Son of Late Gajo Tanti, null

2. Sachin Tanti, Son of Chhabilal Tanti, null

3. Puran Tanti, Son of Late Gajo Tanti, All resident of VillageDamjore, Police Station- Belhar, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Belhar P.S. Case No. 142 of 2018 disclosing offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. It is evident from the F.I.R. that a property dispute between the parties is the genesis of occurrence. The petitioners are said to have assaulted the informant and his relatives with lathi(s).

Considering the genesis of the occurrence, as indicated in the F.I.R. itself, a case for grant of anticipatory bail is made out in the absence of any criminal antecedent against the petitioners. Accordingly, the application is allowed. Let the

Patna High Court Cr.Misc. No.69521 of 2018(2) dt.17-12-2018 2/2 petitioners, above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Banka in Belhar P.S. Case No. 142 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/Ragini U