Patna High CourtCR. MISC./10352/2017allowed

Dablu Chai v. The State Of Bihar

2017-05-08Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.10352 of 2017 (4) dt.08-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10352 of 2017 Arising Out of PS.Case No. -115 Year- 2015 Thana -PIRBAHOR District- PATNA ======================================================

1. Dablu Chai Son of Jamun Mahto Resident of Mohalla- Chain Tola, Musallahpur, P.S. Kadamkuan, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pirbahore Police Station Case No. 115 of 2015, disclosing offences under Sections 341, 323, 504, 307, 379/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, there was earlier dispute regarding money between the parties when they were jointly doing cable business. On account of that, this petitioner has falsely been made accused in this case. No occurrence has been taken place as alleged in the F.I.R. neither

Patna High Court Cr.Misc. No.10352 of 2017 (4) dt.08-05-2017 any injury has been caused to the informant. Therefore, no case under Section 307 of the Indian Penal Code is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Patna, in connection with Pirbahore Police Station Case No. 115 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T