Patna High CourtCR. MISC./3676/2016bail granted

Anup Kumar @ Anup Burnwal v. The State Of Bihar

2016-04-11Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.3676 of 2016 (2) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3676 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -NARDIGANJ District- NAWADA ====================================================== Anup Kumar @ Anup Burnwal, S/o Sri Surendra Prasad, R/o Nawada, P.S.- Nawada, Distt- Nawada.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amresh Kumar Sinha, Advocate. For the Opposite Party : Mr. Abhay Kr. Roy (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Nardiganj P.S. Case No. 131/2015 registered for the offences punishable under Sections 413, 414 and 188 of the Indian Penal Code.

The learned counsel for the petitioner submits that though the recovery of silver from the motorcycle of the petitioner is said to be on 14.09.2015, actually the case was instituted on 01.10.2015 for reasons best known to the officer-in-charge of S.S.T., Nardiganj P.S. It is further submitted that the petitioner has purchased the said jewellery from Varanasi having weight of 2430 grams but maliciously the officer concerned has shown the weight

Patna High Court Cr.Misc. No.3676 of 2016 (2) dt.11-04-2016 of the silver jewellery as 1728.2 grams.

Considering the nature of the allegation made against the petitioner and that no plausible explanation has been given for the delay of filing of statement by the officer-in-charge, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Nawada in connection with Nardiganj P.S. Case No. 131/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T