Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5583 of 2020 Arising Out of PS. Case No.-310 Year-2018 Thana- BHORE District- Gopalganj ====================================================== Rakesh Kumar Son of Daya Shankar Prasad Resident of Village- Balwa, P.S.- Bhorey, District- Gopalganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Mishra, Advocate For the Opposite Party :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Bhore P. S. Case No.310 of 2018 registered under Sections 147, 148, 323, 324, 379, 354 and 354B of the Indian Penal Code. Considering that in respect of an occurrence of offence which took place on 14.06.2018 at 9 a.m., a complaint was filed after 53 days on 06.08.2018 which was referred to the police in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure for investigation pursuant to which the FIR has been instituted on 10.09.2018 and there is no reasonable explanation for the inordinate delay caused in filing the complaint, in the event of arrest or surrender before the court below, the petitioner named above is directed to be

Patna High Court CR. MISC. No.5583 of 2020(2) dt.28-02-2020 2/2 released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in Bhorey P.S. Case No.310 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T