Patna High CourtCR. MISC./53728/2015bail granted

Mahesh Sharma v. The State Of Bihar

2015-12-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53728 of 2015 Arising Out of PS.Case No. -198 Year- 2014 Thana -DURAULI District- SIWAN ====================================================== Mahesh Sharma Son of Late Hiralal Sharma Resident of village - Oudi Khor, Police Station - Guthuni, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Darauli P. S. Case No. 198 of 2014 registered under Sections 467, 468, 471, 420, 120 B of the Indian Penal Code. It is contended that there is no whisper of any allegation against the petitioner in the entire complaint on the basis of which the FIR has been registered. The petitioner is neither scribe nor purchaser nor a witness to the deed, in question. He has been made accused, because he happens to be the husband of the co-accused Saraswati Devi.

Learned counsel for the State has opposed the

Patna High Court Cr.Misc. No.53728 of 2015 (2) dt.07-12-2015 2/2 application of the petitioner filed under Section 438 of the Code of Criminal Procedure.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioner named above is directed to be released 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 learned Chief Judicial Magistrate, Siwan in Darauli P. S. Case No. 198 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Kanchan/- U T