Viswajeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.11040 of 2016 (2) dt.25-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11040 of 2016 Arising Out of PS.Case No. -407 Year- 2015 Thana -SITAMARHI District- SITAMARHI ====================================================== Viswajeet Kumar son of Late Shardanand Prasad, resident of villageShanti Nagar, P.S. and District- Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ratnakar Ambastha, Advocate For the Opposite Party : Mr. P.N.Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sitamarhi P.S. Case No. 407 of 2015 for the offences instituted under Sections 406, 420, 467, 468, 477 and 120B of the Indian Penal Code.

As per the prosecution case in short is that the informant received information that his land has been mutated in the name of some other persons in collusion with the Rajaswa Karamchari and other staffs of the anchal and the petitioner after taking heavy amount. It is further alleged that the complainant raised complaint with Rajaswa Karamchari on 29.04.2015 in anchal office to which he along with the petitioner became angry and told the complainant to go wherever he wants.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.11040 of 2016 (2) dt.25-04-2016 petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. There is no substantive piece of evidence to show the implication of the petitioner in the present. Petitioner is not the employee of the anchal. It is further submitted that the petitioner is ready to deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.25,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sitamarhi P.S. Case No. 407 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T