Patna High CourtCR. MISC./9658/2019allowed

Prabhat Kumar Singh v. The State Of Bihar

2019-02-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9658 of 2019 Arising Out of PS. Case No.-838 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== PRABHAT KUMAR SINGH Son of Mahendra Singh Resident of Village - Banuchapar, Ward No.10 P.S.- Banuchapar O.P., District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bettiah Town P.S. Case No. 838 of 2018 for the offence under Sections 379/411 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been remanded in this case as he was earlier made accused in Bettiah Town P.S. Case No. 756 of 2018 for the offence under Section 399, 402, 414 of the Indian Penal Code and under Section 25 (1-b)a/26/35 of the Arms Act. Learned counsel for the petitioner further submits that there is inordinate delay in lodging the F.I.R, the incident took place on 05.06.2018 whereas the case was registered on 27.9.2018.

Patna High Court Cr.Misc. No.9658 of 2019(2) dt.18-02-2019 2/2 Considering the fact that there is inordinate delay in lodging the F.I.R. and explanation appears to be unrealistic, the Court is inclined to grant bail to the petitioner, let the petitioner above named, 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 the Learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town Police Station Case No. 838 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T