Sippu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 15927 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -PARSABAZAR District- PATNA ====================================================== Sippu Kumar Son of Late Ram Swarup Singh Resident of VillageDariyapur, P.S.- Pipra, District Patna, at present Renter in the house of Harendra Prasad Singh, Kurthaul, P.S.- Parsa Bazar, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Kumar Singh For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.
06-07-2017 Heard Sri Uday Kumar Singh, learned counsel for the petitioner and Sri Ram Bachan Singh, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Parsa Bazar P.S. Case No. 76 of 2016 registered for offence under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to F.I.R. i.e. Annexure - 1 to the petition, it was submitted by learned counsel for the petitioner that while the petitioner was in custody in connection with Parsa Bazar P.S. Case No. 63 of 2016, the police had taken him on police remand and visited the house of the petitioner and from the house of the petitioner, one forged Election I.D.Card was recovered, over which, photo of petitioner was fixed, whereas, the said Voter I.D.Card was in the name of one Prem Kumar. He submits that on
Patna High Court Cr.Misc. No.15927 of 2017 (3) dt.06-07-2017 2/2 the basis of that recovery, the present F.I.R. was lodged on 04-05-2016 while the petitioner was already in custody. He submits that only with a view to illegally detain the petitioner, the police though registered the case, did not take any step to get the remand of the petitioner in the present case, but when the petitioner was released on bail in Parsa Bazar P.S. Case No. 63 of 2016, the police maliciously started to search the petitioner for arrest.
Considering the facts and circumstances as well as the fact that the petitioner was made accused in the present case while he was in police custody on judicial remand, there is no reason to refuse the prayer for grant of bail.
Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Sippu Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Gayatri Kumari, J.M. 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 76 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) Anay U T