Ashish Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.51866 of 2016 (3) dt.19-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51866 of 2016 Arising Out of PS.Case No. -37 Year- 2016 Thana -GURUA District- GAYA ======================================================

1. Ashish Kumar S/o Dwarika Prasad R/o Village - Auhari, P.S. - Amas, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner as well as learned APP.

Members of PLFI, an outfit came at the site of informant and forced them to stop work till levy is paid to them whereupon, the instant FIR has been registered against unknown. From perusal of the case diary, it is evident that in most perfunctory manner, charge-sheet has been submitted against the petitioner and others that too without testing their complicity by putting at least on TIP. Although petitioner has got criminal antecedent but in the facts and circumstances of the case, on that very basis, he cannot be denied privilege of bail.

Accordingly, petitioner, Ashish Kumar is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Shergahti, Gaya in Gurua PS Case No. 37 of 2016.

(Aditya Kumar Trivedi, J) perwez U T