Patna High CourtCR. MISC./31389/2016bail granted

Sunil Kumar v. The State Of Bihar

2016-08-16Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31389 of 2016 Arising out of P.S. Case No. -79 Year- 2016 Thana - MALSALAMI District- PATNA =================================================== Sunil Kumar S/o Gopal Prasad Resident of Village - Nawabganj, P.S. Malsalmi, District - Patna. .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Opposite Party/s: Mr. Yogendra Kr.Singh(App) =================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER

02. 16.08.2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 379/34 of the Indian Penal Code.

It is contended on behalf of the petitioner that the brother of the petitioner was engaged in business of sale of mobile and SIM. Extension notice was given to the brother of the petitioner by Dishnet Wireless Limited (Aircel Company) which is apparent from Annexure-2. It is further contended that, assuming the allegation to be true, the brother of the petitioner namely Ajeet Sahgal @ Munna is engaged in illegal business but petitioner has nothing to do with the same. He has been made accused only for the reason that he allegedly fled away with his brother at the time when the police reached the house of the petitioner. It is stated that the antecedent of the petitioner is clean.

Patna High Court Cr.Misc. No.31389 of 2016 (2) dt.16-08-2016 Having regard to the facts and circumstances of the case, let the petitioner, namely, Sunil Kumar be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Malsalami P.S. Case No. 79/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two Sri R.K. Bharti, Judicial Magistrate, 1st Class, Patna City, Patna or his successor subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. However, at the time of accepting bail bond, the court below will verify and assure itself regarding the criminal antecedent of the petitioner. If the petitioner is having clean antecedent then his bail bond would be accepted otherwise he would be taken into custody.

Vikash/- (Dr. Ravi Ranjan, J.) U T