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Patna High CourtCR. MISC./37401/2018allowed

Munna Kumar v. The State Of Bihar

2018-12-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37401 of 2018 Arising Out of PS. Case No.-125 Year-2018 Thana- RAMPUR District- Gaya ====================================================== Munna Kumar, Son of Brahamdeo Yadav, Proprietor of Shakuntala Construction M.I.G.-6, Katrihill, P.S.- Rampur, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranvijay Singh, Advocate For the Opposite Party/s :

Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-12-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 125 of 2018 for the offence under Sections 406, 420, 504 of the Indian Penal Code. Learned counsel appearing on behalf the petitioner submits that after completion of the investigation police has submitted charge-sheet against the petitioner and even cognizance has been taken by the trial Court. He further submits that primarily the case is with regard to commercial transaction and this petitioner has no criminal antecedent. He submits that anticipatory bail can be granted at any stage filing of chargesheet and taking cognizance is no ground to refuse the anticipatory bail.

Patna High Court Cr.Misc. No.37401 of 2018(5) dt.10-12-2018 2/2 Having regard to the peculiar facts of the case the Court grant indulgence to the petitioner, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial, Magistrate, Gaya in connection with Rampur P.S. Case No. 125 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further condition that the petitioner would extend full co-operation in the conclusion of the trial arising out of Rampur P.S. case No. 125 of 2018.

The Court below is directed to conclude the trial of the instant case at the earliest preferably within a period of six months from the date of receipt/production of a copy of this order. In the event the petitioner is found responsible for delaying the trial, the Court below is directed to take appropriate step to ensure participation of the petitioner in the trial and if necessary, take coercive step of cancellation of bail.

(Anil Kumar Upadhyay, J) T.Kr./- U T