Sharwan Kumar @ Sharwan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23118 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- BHAGWANPUR District- Vaishali ====================================================== Sharwan Kumar @ Sharwan Kumar Singh, Son of late Singeshwar Singh, Resident of Village -Husena, P.S.- Garaul, District- Vaishali at Hajipur.. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379/511 of the IPC. The prosecution case as per the written report of Bhagya Narayan Singh dated 13.08.2017 submitted to the S.H.O., Bhagwanpur Police Station is to the effect that on 13.08.2017 at 1.30 AM the neighbour of the informant Satyanarayan Sah woke up at 1.30 PM and saw certain people cutting lock of the grocery shop of the informant thereafter on alarm being raised, accused persons started pelting stones and escaped from the scene. The informant's neighbour identified five persons including the petitioner.

It is submitted by learned counsel for the petitioner that since the petitioner had some dispute with the informant

Patna High Court Cr.Misc. No.23118 of 2018(2) dt.26-04-2018 2/2 from before for non-payment of contractual dues, hence the accusation has been levelled. The FIR was registered on 13.08.2017, but it reached to the court of learned Magistrate on 19.08.2017, which suggests that the FIR was registered by antedating. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the petitioner was identified by the informant's neighbor.

Considering the delayed transmission of the FIR and petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-III, Vaishali at Hazipur in connection with Bhagwanpur P.S. Case No. 151 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T