Baleshwar Mahto v. The State Of Bihar
Patna High Court Cr.Misc. No.2762 of 2017 (2) dt.31-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2762 of 2017 Arising Out of PS.Case No. -247 Year- 2012 Thana -PATRAKARNAGAR District- PATNA ====================================================== Baleshwar Mahto son of late Budhan Mahto, r/o village- Kalyanpur, P.S.- Bibhutipur, District- Samastipur .... .... Petitioner
Versus
The State of Bihar ... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case No. 247 of 2012 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
At the very outset, it is submitted that in this case the Police after completing investigation submitted final form and not sent up the petitioner and other co-accused but the learned Magistrate after differing with the view of the Investigating Officer took cognizance, resulting, the petitioner is apprehending his arrest or custody after his surrender and as such the petitioner deserves sympathetic consideration to which the learned APP fairly submits that against the petitioner final form was submitted. In the facts and circumstances stated above, the petitioner
Patna High Court Cr.Misc. No.2762 of 2017 (2) dt.31-01-2017 above named, in case of his surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Patrakar Nagar P.S. Case No. 247 of 2012, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T