IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2630 of 2011 ANIL PATHAK @ ANIL KUMAR PATHAK Versus THE STATE OF BIHAR -----------
02 10.03.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
The contention of learned counsel for the petitioner is
that petitioner has falsely been implicated in this case by the police at
the behest of his Pattidars. He submits that the father of the petitioner
executed a deed in favour of the wife of the petitioner transferring
some ancestral lands, which caused annoyance to Pattidars of the
petitioner and aforesaid pattidars set up the informant and got lodged
this false case.
It appears from perusal of the First Information Report
that one country made gun, one country made pistol and four live
cartridges along with 100 gm. Ganja were recovered from the house of
the petitioner. It appears from the aforesaid First Information Report
that the above stated recovery has not been made from conscious
possession of the petitioner.
Taking into consideration the submissions advanced on
behalf of the parties as well as period of detention of the petitioner in
jail custody, let the petitioner be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, Bhabhua,
Kaimur in connection with Chand P.S. Case No. 96 of 2010.
Shahzad (Hemant Kumar Srivastava, J )