Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27918 of 2019 Arising Out of PS. Case No.-42 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Mithun Kumar, S/o Chunchun Yadav @ Chunchun Roy, R/o village- Tinpulia, P.S.- Jagdishpur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Kahalgaon (Ghogha) P.S. Case No.42 of 2019 for the offence punishable under Sections 384, 386 of the Indian Penal Code. The allegation against the petitioner, as mentioned in the FIR lodged by S.I., Gaya P.S. that photograph of the person having lathi in his hand realizing illegal money from the truck driver at NH80 Sadak was published in Prabhat Khabar newspaper, based upon that photograph the police inquired into the mater and found that petitioner was involved in illegal realization of money from the truck driver inasmuch as the petitioner was private driver of the police station for some time and taking advantage of that he was realizing illegal money from the truck driver.

Patna High Court CR. MISC. No.27918 of 2019(3) dt.07-08-2019 2/2 Mr. Rana Pratap Singh, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated on a concocted FIR by the police officer due to the fact that petitioner had worked as a driver in police station and when he demanded his money, he has been implicated in this case. Learned counsel further submits that petitioner has got no criminal antecedent. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner was working on ad hoc basis in the police station and there appears to be dispute regarding wages of the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon 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, Bhagalpur, subject to the condition as mentioned under Section 438

(2) of Cr.P.C.

sanjeev/- (Anil Kumar Sinha, J) U T