Arvind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9223 of 2020 Arising Out of PS. Case No.-328 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== ARVIND SINGH Son of Late Mundrika Singh Resident of Mohalla-Rai Bahadur Devi Prasad, Dhandhania Lane (Bal Subodhini Gali), P.S-Kotwali, District-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Vivek For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406/379/427 of the Indian Penal Code.
Prosecution case is that the informant is the tenant of the petitioner. On 08.03.2018, the petitioner is alleged to have removed the lock of the rented house of the informant and took away articles i.e. clothes and cash of Rs. 25,000/- kept in almirah, 40 cartoons classes, 3 packet gas chulha, fan, chowki and other articles.
Learned counsel for the petitioner submits that he is
Patna High Court CR. MISC. No.9223 of 2020(2) dt.02-03-2020 2/3 innocent and has been falsely implicated in this case. He submits that petitioner is landlord of the informant and the instant case has been filed due to counter blast of filing Money Suit No. 4A/2017 before the learned Munsif-II, Bhagalpur and later on present case has been filed by the informant. He submits that the informant is in habit of filing frivolous criminal case against the landlord in which he used to live as a tenant with mischievous interest with a view to grab the rent money. Similar nature of case was filed against him vide Ishakchak P.S. Case No. 78 of 2017 under Section 456/380 of IPC in which the police found the case to be false and also recommended for trial under Section 182/211 of IPC against him. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition.
In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bhagalpur in connection with Kotwali Police Station Case No. 328 of 2018, subject to the
Patna High Court CR. MISC. No.9223 of 2020(2) dt.02-03-2020 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) devendra/- U T