Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54120 of 2016 Arising Out of PS.Case No. -72 Year- 2016 Thana -MANSI District- KHAGARIA ======================================================

1. Binod Kumar, S/o Late Shyam Sundar Prasad, resident of VillageChakhusaini, P.S.- Mansi, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mansi P.S. Case No. 72 of 2016/ G.R. No. 717 of 2016 for the offences punishable under sections 406, 420, 341, 323, 379 and 34 of the I.P.C. It is submitted on behalf of the petitioner that the petitioner has not taken loan rather as alleged the co-accused Arbind Kumar has taken loan and only allegation against the petitioner is that when the informant demanded money the petitioner and Arbind Kumar caused threats, proceedings under sections 107 and 116 (3) of the Cr.P.C. are going on, it has falsely been alleged that the petitioner and other co-accused assaulted the

Patna High Court Cr.Misc. No.54120 of 2016 (3) dt.18-01-2017 2/2 informant after abusing and snatched purse containing cash of Rs. 700/- after causing threats, there is no material in the case diary against this petitioner, no offence under sections 406, 420 and 379 of the I.P.C. is made out against the petitioner and as such the petitioner deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail by submitting that during investigation the independent witnesses have supported the case of the informant, charge sheet has already been submitted against the petitioner also.

In the facts and circumstances as stated above, considering the limited role of the petitioner and further there is no specific allegation and as such the petitioner, in case 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. C.J.M. Khagaria in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T