Patna High CourtCR. MISC./21688/2018allowed

Sudhir Kumar Choudhary @ Sudhir Kumar v. The State Of Bihar

2018-04-30Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.21688 of 2018 (2) dt.30-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21688 of 2018 Arising Out of PS.Case No. -30 Year- 2014 Thana -PALIGANJ District- PATNA ======================================================

1. Sudhir Kumar Choudhary @ Sudhir Kumar S/o Bineshwar Choudhary, R/o Village- Mahabalipur, P.S.- Paliganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Paliganj Police Station Case No. 30 of 2014, disclosing offences under Section 364 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner has not been named in the F.I.R. and he has falsely been implicated in this case. In fact, the son of the informant himself went to Delhi for job and he himself returned back to his home after two years. Moreover, from the statement of the victim under Section 164 Cr.P.C., it appears that he had been residing in Delhi and worked in the shop of one Jafar for three years out of his sweet will. Hence, the petitioner deserves the

Patna High Court Cr.Misc. No.21688 of 2018 (2) dt.30-04-2018 privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Danapur, Patna, in connection with Paliganj Police Station Case No. 30 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T