Patna High CourtCR. MISC./39506/2016bail granted

Govind Kumar v. The State Of Bihar

2016-09-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39506 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Govind Kumar son of Sri Shyam Bihari Singh, Resident of VillageBarhuli, P. O. - Bhitti, P. S. - Mohania, District - Kaimur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Smt. Pronati Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kudra P.S. Case No.134 of 2016 registered under Sections 392 and 411 of the Indian Penal Code.

It is submitted that the petitioner was a passerby and has been a victim of police highhandedness. The informant of the case has filed a compromise petition in the court of jurisdictional Magistrate. It is further contended that having the petitioner no criminal antecedent was neither put on T.I.Parade nor the alleged looted money was put on T.I.Parade and the petitioner is in custody since 27.5.2016 without there being any legal evidence against him. Referring to the impugned order passed by the

Patna High Court Cr.Misc. No.39506 of 2016 (2) dt.17-09-2016 2/2 learned Sessions Judge, Kaimur at Bhabua, it is submitted that the petitioner was remanded to judicial custody on 29th May, 2016 whereas the FIR would make it clear that he was arrested on 27th May, 2016.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. She has submitted that the petitioner has been remanded in a case under Sections 392 and 411 of the Penal Code and Section 392 of the Penal Code is not a compoundable offence.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner, namely, Govind Kumar is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kaimur at Bhabua in connection with Kudra P.S. Case No.134 of 2016. (Ashwani Kumar Singh, J) Md.S./- U