Patna High CourtCR. MISC./33463/2018allowed

Sarfaraz Anasari @ Sarfaraz Alam @ Babu v. The State Of Bihar

2018-06-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.33463 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33463 of 2018 Arising Out of PS.Case No. -163 Year- 2018 Thana -NARPATGANJ District- ARRARIA ====================================================== Sarfaraz Anasari @ Sarfaraz Alam @ Babu son of Md. Harun Ansari, Resident of village- Basmatiya, Ward No. 7, P.S.- Narpatganj (Basmatiya O.P.) District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha, Adv. For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Narpatganj (Basmatiya) Police Station Case No.163 of 2018, disclosing offences under Sections 379, 411 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the said occurrence of 18/19.03.2018, but the F.I.R. was lodged after lapse 5 days from the date of occurrence without explaining the plausible delay. The petitioner has falsely been implicated in this case only on the basis of suspicion. Hence, the petitioner deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.33463 of 2018 (2) dt.07-06-2018 Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 C.J.M., Araria, in connection with Narpatganj (Basmatiya) Police Station Case No. 163 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T