Patna High CourtCR. MISC./51574/2016allowed

Ashok Kumar Thakur v. The State Of Bihar

2017-09-12Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.51574 of 2016 (11) dt.12-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51574 of 2016 Arising Out of PS.Case No. -227 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Ashok Kumar Thakur Son of Late Jagdeo Thakur Resident of Mohalla - Maharajganj, Ward No. - 13, P.S. Madhubani, District - Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Ram Mishra, Advocate For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Madhubani Town Police Station Case No. 227 of 2016, disclosing offences under Sections 323, 420, 406, 409, 467, 468, 471, 354, 504, 506 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, there is dispute with regard to execution of sale deed for a piece of land only and no any criminal offence has been committed by the petitioner. Therefore, no criminal liability lies on the petitioner for being prosecuted in this case. Hence, the petitioner deserves

Patna High Court Cr.Misc. No.51574 of 2016 (11) dt.12-09-2017 the privilege of anticipatory bail.

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 Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town Police Station Case No. 227 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T