← Library
Patna High CourtCR. MISC./56353/2021allowed

Koleshwar Prasad v. The State Of Bihar

2022-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56353 of 2021 Arising Out of PS. Case No.-284 Year-2021 Thana- GOGRI District- Khagaria ====================================================== KOLESHWAR PRASAD Son of Late Mathura Prasad Resident of VillageRasalpur, P.S.- Fatuha, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Mukul Jee For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Gogri (Paura) P.S. Case No.284 of 2021, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is also submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the petitioner is the proprietor of the shop from which solar lamps were purchased by Mukhiya and Panchayat Secretary. It is submitted that the Mukhiya and Panchayat Secretary have already been enlarged

Patna High Court CR. MISC. No.56353 of 2021(3) dt.13-10-2022 2/2 on anticipatory bail by this Court.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Regard being had to unexplained undue delay of six years in institution of the FIR, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Gogri (Paura) P.S. Case No.284 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T