Abhishek Trivedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7687 of 2017 Arising Out of PS.Case No. -177 Year- 2016 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Abhishek Trivedi, son of Arun Kumar Trivedi, resident of village Madhopur, P.S. Mushahari, District- Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Man Mohan Kumar, Advocate For the Opposite Party : Dr. Indiwar Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mushahari P.S. Case No. 177 of 2016, registered for the offences punishable under Sections 420, 353, 188, 467, 211/34 of the Indian Penal Code.

Allegedly, at the instigation of the petitioner coaccused Ratnesh Kumar Singh lodged a false case to take compensation from insurance company with allegation that three motorcycle borne criminals at the point of pistol tried to snatch the vehicle.

Submission is of false implication and that the petitioner has not instigated co-accused to lodge any case, it was the brain child of co-accused and he himself lodged the false case.

Patna High Court Cr.Misc. No.7687 of 2017 (2) dt.28-02-2017 2/2 The petitioner has got no concern and only on the basis of the statement of co-accused the petitioner is being searched for his arrest and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the petitioner has instigated co-accused to lodge the false case.

In the facts and circumstances as stated above, considering that the name of the petitioner has come in the statement of co-accused and besides that there is no other material against the petitioner and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released 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 SubJudge-3rd-cum- A.C.J.M., Muzaffarpur, in connection with Mushahari P.S. Case No. 177 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T