Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39025 of 2019 Arising Out of PS. Case No.-229 Year-2016 Thana- PALIGANJ District- Patna ====================================================== 1.

PAWAN KUMAR Son of Upender Singh Resident of Village - Akbarpur, P.S.- Paliganj, Dist.- Patna.

2.

Neeraj Kumar Son of Yogendra Singh Resident of Village - Nirakhpur, P.S.- Paliganj, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Paliganj P.S. Case No. 229 of 2016, disclosing offences under Sections 420, 465, 467, 468, 471 and 342/34 of the Indian Penal Code.

It is stated in the bail application that the police, after completion of investigation, has submitted the final form, indicating that here was no evidence collected to prosecute these petitioners. Differing with the police report, however, the learned court below has taken cognizance.

Learned counsel for the petitioners has argued that, as a matter of fact, a civil dispute has been given the colour of a

Patna High Court CR. MISC. No.39025 of 2019(2) dt.26-06-2019 2/2 criminal case.

In view of above submission and in the background of the fact that investigation is over and the petitioners are not required in investigation, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned SDJM, Danapur in connection with Paliganj P.S. Case No. 229 of 2016, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T