Rabindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58778 of 2018 Arising Out of PS. Case No.-253 Year-2017 Thana- Sheosagar District- Rohtas ====================================================== Rabindra Rai, Son of Late Kashi Rai, Resident of Village- Shahpur, P.S.- Sheosagar, District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey-5 Mr. Subash Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Sri Sanjay Kumar Pandey No.5, learned counsel assisted by Sri Subash Kumar, learned counsel for the petitioner. None appeared on behalf of State. The sole petitioner, apprehending his arrest in Sheosagar P.S. Case No. 253 of 2017 registered for offence under Sections 420, 406, 323, 504, 506 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner submits that the present case was lodged on the basis of the complaint petition, which was referred to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."). He further

Patna High Court Cr.Misc. No.58778 of 2018(2) dt.20-09-2018 2/2 submits that in a case of civil nature, colour of criminal offence has been given.

Besides hearing, I have also perused the F.I.R., which is based on the complaint petition, and after going through the same, I am of the opinion that it is a fit case for granting anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Rabindra Rai 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 Sub Judge - VII cum A.C.J.M., Sasaram, Rohtas in connection with Sheosagar P.S. Case No. 253 of 2017, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T