Patna High CourtCR. MISC./47340/2017allowed

Shivam Kumar v. The State Of Bihar

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47340 of 2017 Arising Out of PS.Case No. -84 Year- 2017 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== Shivam Kumar S/o- Sri Chandeshwar Kumar Singh, resident of VillageJakhhara, P.S.- Chakwa, District- Darbhanga at Present Muhalla- Ram Prakash Chowk, Hajipur, P.S. Industrial Area. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Industrial Area P.S. Case No. 84 of 2017 for an offence under sections 342, 323, 307 and 34 of the Indian Penal Code. The allegation against the petitioner is that he was the aid to the commission of crime. There is no specific allegation that the petitioner has assaulted the alleged victim who sustained injury in the case.

Mr. Harsh Singh has drawn my attention to the inordinate delay in lodging of the Fard-beyan and drawing of formal FIR. The incident took place allegedly on 1.3.2017 and there is no explanation why the Fard-beyan was lodged on

Patna High Court Cr.Misc. No.47340 of 2017 (3) dt.18-10-2017 2/2 12.4.2017. He submits that formal FIR was drawn only on 14.5.2017 and therefore, he submits that it is instituted as an after thought.

Considering the fact the fact that there is inordinate delay in lodging the FIR and there is no specific overt act alleged against this petitioner, let the petitioners named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on 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, Vaishali at Hajipur, in connection with Industrial Area P.S. Case No. 84 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T