Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19598 of 2016 Arising Out of PS.Case No. -42 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ====================================================== Amarjeet Kumar Son of Late Shiv Balak Prasad, Resident of Mohalla - Naya Tola Madhopur Near Railway Gumti, P.S. - Bakhtiyarpur, District - Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Y.C.Verma, Sr.Adv. Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

19-05-2016 Heard Sri Y.C.Verma, learned senior counsel, who was assisted by Sri Surendra Kumar Mishra, learned counsel for the petitioner and Sri Mukesh Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner, who apprehends his arrest in Bakhtiyarpur P.S. Case No. 42 of 2016 registered for offence under Sections 409, 420/34 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned senior counsel for the petitioner that without any rhyme and reason, a raid was conducted by the informant in the godown premises of the petitioner and it was shown that two Joyest poles were recovered

Patna High Court Cr.Misc. No.19598 of 2016 (2) dt.19-05-2016 2/3 from the private store of the petitioner and accordingly, an F.I.R. was lodged, whereas, it has been argued by learned senior counsel that said poles were purchased by the father of the petitioner in the year 1999 itself for the purpose of construction of his house. However, a plea has been taken that the F.I.R. was got registered on the behest of a person against whom petitioner's wife had lodged an F.I.R. and petitioner had also filed a case before the Labour Court regarding the wages.

Learned Addl. Public Prosecutor submits that investigation is going on and as per F.I.R. itself, recovery of poles was effected from the premises of the petitioner. Keeping in view the nature of accusation as well as fact that investigation is still going on, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Amarjeet Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh in connection with Bakhtiyarpur P.S. Case No. 42 of 2016, subject to condition as contemplated under Section 438(2) of the Cr.P.C., with an indication that if during further investigation, accusation is found

Patna High Court Cr.Misc. No.19598 of 2016 (2) dt.19-05-2016 3/3 true and chargesheet is submitted against the petitioner, in that event, the petitioner will have to surrender before the court below and make a prayer for regular bail.

(Rakesh Kumar, J.) Anay U T