Pardeshi Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43415 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Pardeshi Bin son of Ambika Bind, resident of village- Barava (Baira Tola) P.S.- Dhanaha, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner. Despite advance service of copy of the brief, none appears on behalf of the State.

The petitioner seeks pre-arrest bail in connection with Thakraha (Bhitaha) P.S.Case No.40 of 2015 registered under Sections 457 and 380 of the Indian Penal Code. It is contended that though the alleged offence is said to have taken place on 11th April, 2015, information was given to the police on 17th April, 2015. There is no reasonable explanation for inordinate delay caused in institution of the FIR. It is further contended that the petitioner has falsely been implicated in the present case due to previous enmity and he has got no criminal

Patna High Court Cr.Misc. No.43415 of 2015 (2) dt.14-10-2015 2/2 antecedent.

Regard being had to the facts and circumstances of case, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner 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 Additional Chief Judicial Magistrate, Bagaha (West Champaran) in connection with Thakraha Bhitaha P.S. Case No.40 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T