Patna High CourtCR. MISC./48082/2018bail granted

Prakash Kumar v. The State Of Bihar

2018-09-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48082 of 2018 Arising Out of PS. Case No.-269 Year-2017 Thana- DESARI District- Vaishali ====================================================== Prakash Kumar son of Vimal Sah, resident of Village- Balwa Kuari, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh For the Opposite Party/s :

Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Desari P.S. Case No. 269 of 2017 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Section 25(1-13)a, 16 and 35 of the Arms Act Allegation against the petitioner is of committing dacoity, though he is not named in the FIR.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner had granted loan of Rs. 20,000/- to FIR named accused Sanjay Das and when the petitioner demanded the said money altercation took place between them. It has been further submitted that the name of the petitioner has surfaced in this

Patna High Court Cr.Misc. No.48082 of 2018(2) dt.13-09-2018 2/2 case on the basis of confessional statement of co-accused Sanjay Das and Ajit Rai.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional chief Judicial Magistrate-II, Vaishali at Hajipur in connection with Desari P.S. Case No. 269 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U