Bishnu Pal @ Bishnu Pal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2736 of 2017 Arising Out of PS.Case No. -56 Year- 2016 Thana -PAHARKATTA District- KISANGANJ ====================================================== Bishnu Pal @ Bishnu Pal Pandit Son of Ghisthu Pandit Resident of Gainduba, Police Station - Paharkatta in the district of Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Paharkatta P.S. Case No. 56 of 2016/ G.R. No. 1625 of 2016 for the offences punishable under sections 461, 379 and 411 of the I.P.C. Allegedly, 36 bags rice and 20 bags wheat were stolen away from the PACS godown, Damalbari and during search the driver Md. Javed Hussain was caught with Jogar vehicle and on that vehicle 13 bags rice and 7 bags wheat were found which was of the PACS godown. The driver Md. Javed Hussain told that the same was given by the petitioner to bring at Panjipara market and the rice and wheat are of Damalbari PACS godown.

Patna High Court Cr.Misc. No.2736 of 2017 (3) dt.10-03-2017 2/2 Submission is of false implication and that the petitioner was not caught with the Jogar vehicle nor he has got any concern with the loaded rice and wheat, the driver due to enmity has named the petitioner resulting the petitioner is apprehending his arrest, no offence under sections 379, 461 and 411 I.P.C. is made out against the petitioner.

The learned A.P.P. submits that the driver has taken the name of the petitioner before the informant and others. In the facts and circumstances as stated above, the petitioner, in case 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. C.J.M. Kishanganj in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T