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Patna High CourtCR. MISC./60296/2017bail granted

Shashi Shekhar v. State Of Bihar And ANR

2017-12-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60296 of 2017 Arising Out of PS.Case No. -132 Year- 2017 Thana -BARH District- PATNA ====================================================== Shashi Shekhar Son of Late, Raghuveer Prasad, Resident of F-656, Peoples Co-operative Colony, P.S.-Kankarbagh, District-Patna. .... .... Petitioners

Versus

1. The State of Bihar

2. Brij Mohan Prasad Son of Ram Dhani Sao, Resident of -Gola Road, Barh, P.S.-Barh, District-Patna .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks pre-arrest bail in connection with Barh P. S. Case No. 132 of 2017 registered under Sections 406 and 420 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the allegations made in the FIR are based on a complaint, which was sent to the police for investigation and a perusal of the same would show that none of the ingredients of the offences punishable under Sections 406 and 420 of the

Patna High Court Cr.Misc. No.60296 of 2017 (2) dt.20-12-2017 2/2 Indian Penal Code would be attracted in the present case. He submitted that co-accused Ravi Shekhar Prasad @ Ravi Shekhar has already been granted pre-arrest bail by this Court, vide order dated 04.10.2017, passed in Cr. Misc. No. 45973 of 2017. Learned Additional Public Prosecutor for the State opposed the prayer for grant of pre-arrest bail to the petitioner. Regard being had to the nature of allegation, the petitioner named above 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 learned Additional Chief Judicial Magistrate, Barh (Patna) in Barh P. S. Case No. 132 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J.) Kanchan/- U T