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Patna High CourtCR. MISC./38832/2014bail granted

Anand Kumar v. The State Of Bihar

2015-04-01Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38832 of 2014 Arising Out of PS.Case No. -211 Year- 2012 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anand Kumar S/o Sri Kashi Prasad Resident of Village Automobile At Chhatauni, P.S. Chhatauni, District East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 323, 420, 409, 467, 468, 504 and 506/34 of the I.P.C. This case has been lodged on the basis of the complaint petition wherein most of the allegation has been made against Manoj Kumar, the then Branch Manager and Arun Kumar proprietor of Neha Auto Enterprises and against the petitioner it has been alleged in paragraph-11 of the complaint petition that he was also involved in preparing the forged document and cheating the informant.

Submission on behalf of the petitioner is that against the petitioner there is no specific allegation. The Branch Manager has been allowed pre-arrest bail by this Court vide Cr. Misc. No.

Patna High Court Cr.Misc. No.38832 of 2014 (2) dt.01-04-2015 2/2 31529 of 2014. The petitioner has committed no offence. The informant has been delivered Tempo on 31.01.2013 but papers have not been taken away as there is dues of Rs. 20,000/- against the informant and her husband and as such this false case has been filed.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that against the petitioner there is no specific allegation and as submitted Auto (Tempo) has already been delivered to the informant and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Motihari East Champaran in Pipra P.S. Case No. 211 of 2012, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T