Patna High CourtCR. MISC./38156/2014bail granted

Shila Prasad Yadav v. The State Of Bihar

2015-03-27Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38156 of 2014 Arising Out of PS.Case No. -55 Year- 2014 Thana -MARHOWRAH District- SARAN ====================================================== Shila Prasad Yadav Son of Bhola Rai resident of village- Madhopur east of Dayal Chauk, Police Station- Marhowrah, District- Saran (Chapra) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. B.N.Mishra, Adv. Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. S.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-03-2015 Heard Sri Bashistha Narayan Mishra, learned counsel, who was assisted by Sri Brij Kishore Mishra, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Marhowrah P.S. Case No. 55 of 2014 registered for the offence under Sections 406, 420 of the Indian Penal Code, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that on an allegation that in the year 2009, the petitioner had taken Rs. 35,000/- (thirty five thousand) for installing internet tower and the petitioner had cheated the informant. He submits that the F.I.R. was lodged after about four & half years of the alleged offence. In view of nature of accusation, the Court is of the

Patna High Court Cr.Misc. No.38156 of 2014 (2) dt.27-03-2015 2/2 opinion that it is a fit case for extending the privilege of anticipatory bail.

In the event of arrest or surrender within a period of eight weeks from today, the petitioner, namely; Shila Prasad Yadav shall be enlarged 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 Chief Judicial Magistrate, Chapra (Saran) in connection with Marhowrah P.S. Case No. 55 of 2014 under conditions as contemplated under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay/- U T