Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28069 of 2016 Arising Out of PS.Case No. -119 Year- 2013 Thana -GHOSI District- JEHANABAD ====================================================== Kaushal Kumar, Son of Shiv Lakhan Singh, resident of village - Datiyana, P.S. Bikram, Distt. - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Pathak, Advocate For the State : Mr. Sri Rajendra Nath Jha, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 29-09-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case registered for offences punishable under Section 395 of the Indian Penal Code.

It is submitted on behalf of the petitioner that F.I.R. was lodged at a belated stage against 6-7 unknown persons and during course of investigation, the informant has stated that the other co-accused persons were taking the name of Kausal. On that basis, the petitioner has been made accused. Except that there is no material against him. It is also contended that petitioner is ExArmy man and his antecedent is clean. Having regard to the facts and circumstances of the

Patna High Court Cr.Misc. No.28069 of 2016 (5) dt.29-09-2016 2 / 2 case, let the above named petitioner be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Ghosi P.S. Case No. 119 of 2013, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad subject to the conditions as laid down under subsection(2) of Section 438 of the Code of Criminal Procedure. However, before accepting the bail bonds, the court below would make verification regarding criminal antecedent of the petitioner and if he is found to be involved in any criminal case prior to 21.06.2016 i.e., the date on which the present affidavit has been sworn, he would be taken in custody. However, at the same time, if he is not found involved in any criminal case, then his bail bond would be accepted. (Dr. Ravi Ranjan, J) Sanjay-II/- U T