Md. Meraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5475 of 2015 Arising Out of PS.Case No. -217 Year- 2014 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Md. Meraj Son of Md. Ali Resident of village - Pranpur, P.S. Bakhari, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhim Kumar Yadav, Advocate. For the Opposite Party/s : Mr. Nagendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.
The petitioner apprehends his arrest in Bakhari P.S. Case No. 217 of 2014, registered for the offences punishable under Section 408 of the Indian Penal Code.
The informant lodged this case making allegation that on 09.07.2014 a theft of Rs. 74,600/- was committed. Learned counsel for the petitioner submits that the date of occurrence is 09.07.2014. The informant is not an eye witness of the occurrence. The FIR was lodged on 15.07.2014 on mere suspicion. Prior to lodging of this case the petitioner filed a case before Labour Superintendent, Begusarai for non-payment of wages against the informant.
Considering the facts aforesaid and the fact that there
Patna High Court Cr.Misc. No.5475 of 2015 (2) dt.10-02-2015 is no eye witness of the occurrence, the case was lodged after seven days of the occurrence and the name of the petitioner appeared in the case on mere suspicion, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Begusarai in connection with Bakhari P.S. Case No. 217 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T