Sanjeev Mishra @ Sanjeev Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46976 of 2015 Arising Out of PS.Case No. -130 Year- 2015 Thana -MASRAKH District- SARAN ====================================================== Sanjeev Mishra @ Sanjeev Kumar Mishra , son of Late Nageshwar Mishra resident of village Chainpur Chamariya P.S. Mashrak, District Saran at Chapra .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Harsh Anuj For the Opposite Party/s :
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 05-10-2015 Heard Sri Harsh Anuj, learned counsel for the petitioner.
At the very outset Sri Raghvendra Kumar, learned counsel, submits that he has received "Vakalatnama" on behalf of the informant. He intends to file the same. He may file the same in Registry.
Sri Harsh Anuj, learned counsel for the petitioner submits that due to typographical error in paragraph no. 1 instead of Section 406 of the I.P.C. it has been typed as Section 306 of the I.P.C. He makes a prayer for allowing him to make correction. The prayer is allowed.
The sole petitioner apprehending his arrest in
Patna High Court Cr.Misc. No.46976 of 2015 (2) dt.05-10-2015 2/3 connection with Masharak P.S. Case No. 130 of 2015 registered for the offence under Section 420, 406, 467, 468 and 471 of the Indian Penal Code has prayed for grant of anticipatory bail. Learned counsel for the petitioner submits that in a civil dispute colour of criminal offence has been given by the informant who had earlier filed a complaint case vide Complaint Case No. 1182 of 2015. Subsequently, same was registered as F.I.R. under Section 156(3) of the Cr.P.C. He submits that petitioner has got no criminal antecedent.
Learned counsel for the informant has opposed the prayer.
Besides hearing, I have also perused the materials available on record particularly the complaint petition which is the basis of the F.I.R. On going through the materials on record, the court is satisfied that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of eight weeks from today, let the petitioner namely, Sanjeev Mishra @ Sanjeev Kumar Mishra be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Masharak P.S. Case No. 130 of 2015 under the conditions as
Patna High Court Cr.Misc. No.46976 of 2015 (2) dt.05-10-2015 3/3 contemplated under Section 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) Praful/- U T