The High Court at Patna granted anticipatory bail to the petitioner in PS Case No. 308 of 2019 involving alleged robbery and cheating. The court directed release upon production of bail bonds with sureties within six weeks.
Petitioner granted anticipatory bail on furnishing bail bonds of Rs.10,000 with two sureties before the Magistrate within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26320 of 2020
Arising Out of PS. Case No.-308 Year-2019 Thana- BIHPUR District- Bhagalpur
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LALTUN SHARMA Son of Late Malik Sharma Resident of Village - Bhawanipur, P.S.- Bihpur (Bhawanipur), District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rohit Kumar Sharma, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 14-12-2020 Heard Mr. Rohit Kumar Sharma, learned counsel for
the petitioner and Mr. Nagendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends arrest in connection with Bihpur (Bhawanipur) P.S. Case No. 308 of 2019 registered for the offences punishable under Sections 386, 387 and 447/34 of the Indian Penal Code 1860.
The allegation as per the First Information Report is that while the informant Uday Kumar Singh was at Delhi, he could not visit his parental village for two years, and due to this, the co-accused persons came in unlawful possession over his land. It has further been alleged that on 26.7.2019 when the informant went upon his land, the petitioner and other accused
Patna High Court CR. MISC. No.26320 of 2020(2) dt.14-12-2020 2/3
persons demanded Rs.3,00,000/- as rangdari on the point of pistol and snatched Rs.11,000/- from the informant.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case in order to oust the petitioner from the land in question on which the petitioner has been given ‘ Bataidari right ’ by actual land owner Vinay Kumar Singh, son of Kamleshwar Prasad Singh. Learned counsel further submits that as per the First Information Report the occurrence has taken place on 26.7.2019, but he First Information Report has been lodged after a considerable delay of 25 days, i.e. on 21.8.2019. Learned counsel also submits that the petitioner has got no criminal antecedent and there is no possibility that the petitioner will abscond or tamper with the evidence.
Having regard to the submissions made by the parties and taking into consideration the materials on record, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.26320 of 2020(2) dt.14-12-2020 3/3
Judicial Magistrate 1st , Naugachiya, Distt. Bhagalpur, in connection with Bihpur (Bhawanipur) P.S. Case No. 308 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest under Sections 386, 387 and 447 IPC.
1 provisions across 1 enactments
Laltun Sharma
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
