Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.702 of 2018 Arising Out of PS.Case No. -186 Year- 2016 Thana -PALIGANJ District- PATNA ====================================================== Arun Yadav, S/o Late Turan Yadav, R/o Village- Rampur Nagar, P.S.- Paliganj, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amitesh Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 11-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Paliganj P.S. Case No. 186 of 2016 registered under Sections 420, 467, 468, 471, 120B, 323, 506 and 504 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that basically a civil dispute has been given a colour of criminal case. There is no truth behind the allegation made in the complaint, which was referred to the police for investigation and registration of FIR in exercise of powers conferred under

Patna High Court Cr.Misc. No.702 of 2018 (2) dt.11-01-2018 Section 156(3) of the Cr. P.C. in contravention of the law laid down by the Supreme Court in Priyanka Srivastava & Anr. Vs. State of Uttar Pradesh & Ors. [(2015) 6 SCC 287]. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Be that as it may, taking into consideration the facts and circumstances of the case and the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner 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 the learned S.D.J.M., Danapur, Patna in connection with Paliganj P.S. Case No. 186 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T