Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5374 of 2016 Arising Out of PS.Case No. -707 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Rahul Kumar son of Chunnilal Yadav the resident of Village- Barari, Kathalbari, P.S.- Barari, Distt- Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-03-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Kotwali (Barari) P.S. Case No. 707/2015, disclosing offences under sections 382/34 of the Indian penal Code. It is alleged that the informant had seen three named accused persons taking out cell phone from the pocket of a Tempo driver, who was sleeping in the Tempo and some money kept in his bag. When the informant objected to it, the F.I.R. named accused persons including the petitioner are said to have threatened the informant.

Learned counsel, appearing on behalf of the petitioner, submits that the prosecution case on the face of it lacks credence.

Patna High Court Cr.Misc. No.5374 of 2016 (2) dt.09-03-2016 It is highly improbable that in such circumstance, the informant would be knowing the names of the persons committing the offence, in the manner as alleged in F.I.R., learned counsel contends. According to him, the petitioner including the accused persons have been implicated because of some dispute over payment of wages, between the petitioner and the informant. Considering the submissions, as above, and the facts and circumstances, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Chief Judicial Magistrate, Bhagalpur in Kotwali (Barari) P.S.Case No. 707/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U

Patna High Court Cr.Misc. No.5374 of 2016 (2) dt.09-03-2016