Radhey Shyam Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32041 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -AGAMKUAN District- PATNA ====================================================== Radhey Shyam Bihari Singh, Retired I.A.S S/o Late Ramashray Singh R/o "Aashish, Mahatma Gandhi Nagar, Kanti Factory Road, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-08-2016 Heard Sri Rajendra Narayan, learned senior counsel who was assisted by Sri Awdhesh Kumar , learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner apprehending his arrest in Agamkuan P.S. Case No. 82 of 2016 registered for the offence under section 290/ 34 of the Indian Penal Code and section 3( 1), 3 (2) , 4, 5 and 6 of the Immoral Traffic (Prevention )Act , 1956 has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that it is true that the flat in which raid was conducted by the police was of the petitioner and petitioner is the owner of the flat but fact remains that the said flat was let out to one Sri Sunil

Patna High Court Cr.Misc. No.32041 of 2016 (2) dt.30-08-2016 2/2 Kumar who had subsequently vacated the premises. Thereafter on the request of one broker Rahul Kumar the said flat was given to the broker who had taken the keys of the flat for the purposes of letting it out to another person. It has been stated that petitioner was not having any knowledge that in the flat in question some activity was going on. It has been argued that petitioner is an I.A.S. Officer who retired in the year 2011. On perusal of the F.I.R. and material on record the court is of the opinion particularly in view of fact that petitioner was the owner of the premises in question from where some were arrested that there is no reason to detain the petitioner.

Accordingly in the event of arrest or surrender within a period of six weeks from today, let the petitioner Radhey Shyam Bihari Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna / concerned court in connection with Agamkuan P.S. Case No. 82 of 2016 subject to the conditions as contemplated under section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) Praful/- U T