Surendra Prasad Singh @ Surendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24468 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- GOPALPUR District- Patna ====================================================== Surendra Prasad Singh @ Surendra Ram Son of Late Brahmdeo Singh Permanent resident of Village - Ekangarsarai, Tarapur, P.O. & P.S. - Ekangarsarai, District - Nalanda. At present Secruity Guard Chocolate Godown Elahibagh, P.O. - Elahibagh, P.S. - Gopalpur, District - Patna. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party :

Mr. Nityanand Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 30 of 2018, registered for the offence punishable under Section 379 of the Indian Penal Code. Allegedly, pick-up van of the informant used to be parked in front of godown where the petitioner is security guard and on 11.02.2018 at about 2 P.M. the petitioner informed the informant that the pick-up van has been stolen away. Submission is of false implication and that the petitioner has informed the informant regarding the theft of pick-up van. After four days, this F.I.R. has been lodged on

Patna High Court Cr.Misc. No.24468 of 2018(2) dt.26-04-2018 2/2 15.02.2018 which was sent in the court on 19.02.2018 which makes the prosecution case doubtful, the petitioner is a poor guard having no criminal antecedent. There is no chance of his absconding and tampering with the prosecution evidence and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that against the petitioner suspicion has been raised.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Patna, in connection with Gopalpur P.S. Case No. 30 of 2018, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T