Nirala Bhagat v. The State Of Bihar
Patna High Court Cr.Misc. No.11279 of 2016 (2) dt.25-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11279 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Nirala Bhagat Son of Asarfi Bhagat Resident of village - Barji P.S. Motipur, District - Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Nitu Kumari, Advocate For the Opposite Party : Mr. Arvind Kr.Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Motipur P.S. Case No. 270 of 2015 for the offences instituted under Section 47(A) of the Indian Penal Code. As per the prosecution case, it is a case of recovery of some spirit from the possession of the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that the
Patna High Court Cr.Misc. No.11279 of 2016 (2) dt.25-04-2016 petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.20,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Motipur P.S. Case No. 270 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, (West), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T