Krishn Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31054 of 2020 Arising Out of PS. Case No.-117 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== KRISHN KUMAR S/o Goukaran Mandal Resident of Mohalla-Lailakh Ward No.7, P.O.-Mamalakha, P.S.-Sabour, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sabour P.S. Case No. 117 of 2020 for the offence under Sections 366(A) of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 26.04.2020 whereas the F.I.R. has been lodged after lapse of three days on 29.04.2020 without explaining the plausible delay which creates doubt over the prosecution version. No offence as alleged in the F.I.R. ever took place which attracts Section 366A of the

Patna High Court CR. MISC. No.31054 of 2020(2) dt.22-12-2020 2/2 Indian Penal Code. The petitioner is rotting in judicial custody since 30.04.2020.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of C.J.M., Bhagalpur in connection with Sabour P.S. Case No. 117 of 2019.

(Arvind Srivastava, J) brajesh/- U T