Sudhir Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6300 of 2017 Arising Out of PS.Case No. -319 Year- 2013 Thana -GHOSI District- JEHANABAD ====================================================== Sudhir Sharma, Son of Late Deoki Nandan Sharma, Resident of village - Shekhpura, P.S. Ghosi, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shivendra Prasad, Adv. For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-02-2017 Heard the parties.

The petitioner apprehends his arrest in Ghosi P.S. Case No.319 of 2013 for the offences punishable under Section 406 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is nothing specific in the FIR against this petitioner. The petitioner has no concern with the affairs of the informant. The informant has executed the power of attorney for completing his contract work in favour of one Raman Kumar and this petitioner is brother-in-law of said Raman Kumar and that's why he has been implicated in this case. It has further been submitted that other coaccused with similar allegations have been granted anticipatory bail by a co-ordinate bench of this Court vide order dated

Patna High Court Cr.Misc. No.6300 of 2017 (2) dt.20-02-2017 03.04.2015 passed in Cr.Misc.No.49213 of 2014. Heard learned A.P.P. also.

Having heard both sides. From perusal of the record, it appears that the FIR is of the year 2014 and petitioner is coming in 2017 and, as such, I am not inclined to grant anticipatory bail to the petitioner. However, petitioner may surrender in the court below and make prayer for regular bail which shall be considered on its own merit and also considering the fact that other coaccused have been granted anticipatory bail by this Hon'ble Court and shall pass appropriate order, without being prejudiced by this order.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Arvind/- U T