Patna High CourtCR. MISC./1279/2015bail granted

Sanjay Singh v. The State Of Bihar

2015-01-16Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.1279 of 2015 (2) dt.16-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1279 of 2015 Arising Out of PS.Case No. -48 Year- 2009 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Sanjay Singh, son of late Bindeshwari Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mohania P.S. Case No. 48 of 2009 registered for the offences punishable under Sections 386, 120B of the Indian Penal Code. The name of this petitioner surfaced in this case in the statement of co-accused, who were caught at the spot. Admittedly, petitioner is resident of district Gaya whereas the occurrence took place in the district of Kaimur. Learned counsel for the petitioner submits that neither any summons nor any process was ever served upon the petitioner and as a matter of fact, the petitioner is suffering from heart disease since long and as soon as he got knowledge of institution of the present case against him, he approached the

Patna High Court Cr.Misc. No.1279 of 2015 (2) dt.16-01-2015 learned Sessions Judge for grant of anticipatory bail but his prayer was turned down by the learned Sessions Judge passing impugned order dated 10.11.2014.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in Mohania P.S. Case No. 48 of 2009 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T