Shambhu Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.576 of 2020 Arising Out of PS. Case No.-311 Year-2016 Thana- BARBIGHA District- Sheikhpura ====================================================== Shambhu Sao S/o Late Lakshman Sao Mohalla- Ganjpar, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under sections 341, 323, 354, 354(B), 380, 504 and 506 of the I.P.C. and section 8 of POCSO Act. It has been submitted on behalf of the petitioner that the present case is false and fabricated and petitioner has falsely been implicated in this case. It has further been submitted that after investigation, the police has filed final report against the petitioner and the court below has taken cognizance on 24.09.2019. It has further been submitted that there is land dispute between the parties. The petitioner has no criminal antecedent.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his

Patna High Court CR. MISC. No.576 of 2020(2) dt.20-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Addittional District and Sessions Judge, Sheikhpura in connection with Barbigha Mission O.P. P.S. Case No. 311 of 2016 [Complaint Case No. 244C of 2016 (POCSO Case No. 44 of 2018)], on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T