Rameshwar Prasad @ Ishwari Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4948 of 2018 Arising Out of PS. Case No.-88 Year-2004 Thana- ARWAL District- Jehanabad ====================================================== Rameshwar Prasad @ Ishwari Sao, son of Pradeep Sao, resident of villageAhiyapur, P.S. + District- Arwal ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Abhay Kumar, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party :

Mr. Sri Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Arwal P.S. Case No. 88 of 2004, registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegedly, when in the night of 10-11 October 2004 the informant was coming from Patna wtih his family members with two vehicles after performing "Dah Sanshkar" of father-in-law, their two vehicles were intercepted by five miscreants and they committed loot of mobiles, writs watch, golden chain, ear ring, cash and camera. During investigation, the name of the petitioner transpired but after competing investigation final form was submitted but the learned C.J.M after differing with the opinion took cognizance. Submission is of false implication and that the petitioner is not named in the F.I.R., during investigation no

Patna High Court Cr.Misc. No.4948 of 2018(2) dt.08-02-2018 2/2 legal and tangible material has come against the petitioner resulting, final form was submitted. The petitioner has got no knowledge about this case. In this case some of co-accused have been acquitted and as soon as the petitioner came to know about this case he applied for pre-arrest bail before the Sessions Judge, Jehanabad which was disposed of by the 1st Additional Sessions Judge vide order dated 23.12.2017 and as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that final form was submitted against the petitioner but cognizance has been taken. In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Arwal, in connection with Arwal P.S. Case No. 88 of 2004, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T