← Library
Patna High CourtCR. MISC./50082/2018allowed

Shree Panchanand @ Panchanand Mukhiya v. The State Of Bihar

2018-08-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50082 of 2018 (2) dt.14-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50082 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -BALUA BAZAR District- SUPAUL ======================================================

1. Shree Panchanand @ Panchanand Mukhiya, Son of Ramadhin Mukhiya, resident of Village- Basabitti Ward No. 9, P.S. + Dist.- District- Supaul, Pin- 852130.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Karuna Kant Jha, Adv. For the Opposite Party/s : Mr. Sri Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Balua Bazar (Lalitgram O.P.) Police Station Case No. 34 of 2018, disclosing offences under Sections 406, 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be Indira Awas Assistant and the relevant point of time he was not posted at Chahatapur where the allegation was leveled against him. Neither any show cause nor any inquiry has been made and directly an F.I.R. has been instituted implicating the petitioner.

Patna High Court Cr.Misc. No.50082 of 2018 (2) dt.14-08-2018 Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Sub-Divisional Judicial Magistrate, Supaul, in connection with Balua Bazar (Lalitgram O.P.) Police Station Case No. 34 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T