Shiv Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49811 of 2016 Arising Out of PS.Case No. -610 Year- 2013 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Shiv Shankar Singh, Son of Sri Vishwanath Singh, the resident of VillAurangabad, P.S.- Kahalgaon, Distt.- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party : Smt. Sahin Begam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection Begusarai Town P.S. Case No. 610 of 2013, registered for the offences punishable under Sections 467, 468, 471, 420/34 of the Indian Penal Code.

At the very outset, it is submitted on behalf of the petitioner that in this case the petitioner was granted Provisional Bail by the learned Court below itself, but he could not surrender and did not file surrender slip, resulting, his Anticipatory Bail has been disposed of meaning thereby his prayer for pre-arrest bail has been refused due to the reason that he did not surrender in the light of earlier order. It is submitted that no loss has been caused to the

Patna High Court Cr.Misc. No.49811 of 2016 (3) dt.16-12-2016 2/2 ex-chequer of the State Government. The petitioner has not joined as constable and has not taken salary, no chance was given to the petitioner to submit his reply and hurriedly F.I.R. has been lodged. The learned A.P.P. submits that the petitioner was granted provisional bail, but he could not surrender. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town P.S. Case No. 610 of 2013, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T