Poojan Singh @ Rupak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39064 of 2016 Arising Out of PS.Case No. -57 Year- 2014 Thana -BENIPATTI District- MADHUBANI ====================================================== Poojan Singh @ Rupak Singh Son of Sri Saheb Singh @ Anil Kumar Singh, Resident of Village- Raghauli, P.S. Bisfi, Dist Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 395 and 412 of the Indian Penal Code. The prosecution case, in brief, is that on the alleged date and time of occurrence when the informant reached near a diversion, three persons riding on a motorcycle restrained him and at the point of pistol they took away his samsang mobile and a purse containing driving licence, owner book, Rs.40,000/- cash. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. There is no

Patna High Court Cr.Misc. No.39064 of 2016 (5) dt.14-12-2016 2/2 recovery of any incriminating article from the possession of the petitioner. From perusal of Annexure-2 to the present application, it is evident that the informant has filed a petition in the court below that the petitioner is known to him and he has not participated in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Benipatti in connection with Benipatti P.S. case No.57 of 2014 (G.R. No.856 of 2014), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T