Ram Prakash Sah And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13934 of 2016 Arising Out of PS.Case No. -379 Year- 2015 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================
1. Ram Prakash Sah son of Ram Awtar Sah
2. Ramanand Ku (Kumar) Suman @ Ramanand Suman son of Late Chandar Ram Both are residents of village- Madhubani, P.S.- Sadar, DistrictMuzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ashok Kumar Pandey son of ate Krishna Mohan Pandey, resident of village- Causima, P.S. -Sadar, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the State : Mr. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Complaint Case No.C-379 of 2015 registered under Sections 417, and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.
It is contended by the learned counsel for the petitioners that the dispute of civil nature has been given a colour of criminal case by the complainant with ulterior motive. It is further contended that the petitioners have got roots in the society and are
Patna High Court Cr.Misc. No.13934 of 2016 (2) dt.01-04-2016 2/2 not likely to abscond or tamper with the evidence, if they are granted pre-arrest bail.
Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Regard being had to the nature of offence, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Manish Pandey, learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Complaint Case No.C-379 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) Md.S./- U T