Patna High CourtCR. MISC./22917/2016bail granted

Gorelal Das v. The State Of Bihar

2016-05-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22917 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Gorelal Das, Son of Late Nepali Das, Resident of Village - Lawawan Sunnadaro Tarh, P.S.- Laxmipur, District -Jamui. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Laxmipur P.S. Case No. 128 of 2015 registered under Sections 420, 120-B, 415, 323 and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that even if the entire allegations made in the FIR are taken to be true, the ingredients of the offence alleged would not be attracted in the present case in the light of judgment of the Supreme Court in case of Murari Lal Gupta Vs. Gopi Singh reported in (2005) 13 SCC 699.

Learned counsel for the State has opposed the

Patna High Court Cr.Misc. No.22917 of 2016 (2) dt.26-05-2016 2 / 2 application for grant of pre-arrest bail to the petitioner. Regard being had to the nature of allegation as well as the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Jamui in connection with Laxmipur P.S. Case No. 128 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T