Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31885 of 2015 Arising Out of PS.Case No. -125 Year- 2011 Thana -AKBARPUR District- NAWADA ====================================================== Sunil Kumar, Son of Brahmdeo Prasad, resident of Village-Supaul, P.S.- Akbarpur, District-Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and learned Assistant Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Akbarpur P.S. Case No. 125 of 2011, disclosing offences under Sections 406 and 409 of the Indian Penal Code. The occurrence with reference to which the First Information Report came to be instituted in the year 2011 relates back to year 1994-95. Allegedly, under Sunishit Rojgar Yojna of the State Government, certain amount was entrusted by Sarkari Sevak to the petitioner for supply of bricks. Learned counsel for the petitioner has submitted that though the case was

Patna High Court Cr.Misc. No.31885 of 2015 (2) dt.12-08-2015 2/2 instituted in the year 2011, there has been no substantial progress in the investigation and no tangible purpose would be served, if the petitioner is taken into custody, now, since he is ready to cooperate with the police in course of investigation. In view of the delay in lodging the First Information Report for an occurrence, which had taken place in the year 1994-95, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 125 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T