Birendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19783 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -BARAULI District- GOPALGANJ ======================================================
1. Birendra Choudhary son of Ram Ashish Choudhary Resident of Villagerupanchap, Police Station- Barauli, District- Gopalganj..... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Nagendra Prasad (App) ========================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.
In this application, the petitioner apprehends his arrest for the offences punishable under Sections 448, 379, 411 and 34 of the IPC.
Allegedly two buffaloes of the informant were stolen away and for that oral information was given at the police station and both buffaloes were recovered from possession of the accused persons but no case was lodged and then the complaint case has been filed giving rise to this case.
Submission is of false implication and that occurrence is said to be happened on 22.7.2014 whereas the complaint case has been filed on 30.9.2014 after much delay without any
Patna High Court Cr.Misc. No.19783 of 2015 (2) dt.02-07-2015 2/2 explanation which itself goes to show the falsity of the case and as such the petitioner deserves sympathetic consideration to which learned A.P.P. opposes.
In the facts and circumstances stated above, considering inordinate delay in filing the complaint case, the petitioner in case of his surrender or arrest within two months, from the date of receipt/production of a copy of this order shall be enlarged on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Learned C.J.M., Gopalganj in connection with Barauli P.S. Case No. 193/14 subject to the conditions as laid down in Section 438(2) of the Cr.P.C..
(Jitendra Mohan Sharma, J) sushma/- U T