Patna High CourtCR. MISC./11643/2019bail granted

Ajay Kumar v. The State Of Bihar

2019-02-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11643 of 2019 Arising Out of PS. Case No.-371 Year-2018 Thana- CHANDI District- Nalanda ====================================================== Ajay Kumar, Aged about 29 years, Male, Son of Nathun Das, Resident of Village - Dariyapur, P.S.- Chandi, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-02-2019 Heard both sides.

Petitioner apprehends his arrest in Chandi P.S. Case No.371 of 2018, registered under Sections 353, 379 and other minor sections of the Indian Penal Code.

The Supervisor of Anganbari Kendra, situated in Ward No.3 is the informant and she alleged that while appointment procedure was going on, Ajay Kumar, the Ward Member became infuriated and snatched the register. Learned counsel for the petitioner submits that in fact no occurrence as alleged by the informant ever took place. The occurrence is said to have taken place on 26.04.2018 but the informant gave this information to the Officer-in-Charge on 16.11.2018. This fact itself shows the falsity of the case as the case was lodged after about seven months of the occurrence.

Patna High Court CR. MISC. No.11643 of 2019(2) dt.26-02-2019 2/2 Taking into consideration the facts that the occurrence took place on 26.04.2018 but the informant gave information to the police station on 16.11.2018, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of this order, 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 A.C.J.M., Hilsa, Nalanda in connection with Chandi P.S. Case No.371 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Prabhat Kumar Jha, J) S.KUMAR/- U T