Bhavesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.3801 of 2017 (2) dt.15-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3801 of 2017 Arising Out of PS.Case No. -610 Year- 2013 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Bhavesh Kumar, Son of Sitaram Mandal, resident of Village- Kulkuliya, P.S. Kahalgaon, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Jai Prakash Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-02-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Begusarai Town Police Station Case No. 610 of 2013, disclosing offences under Sections 467, 468, 471, 420/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner was granted Provisional Bail for the period of 15 days by the learned court below itself, but he could not surrender and did not file surrender slip, resultantly, his anticipatory bail has been rejected. It is further submitted that no loss has been caused to the ex-chequer of the State Government as the petitioner has not joined the service as Constable and has not taken salary. No

Patna High Court Cr.Misc. No.3801 of 2017 (2) dt.15-02-2017 opportunity was given to the petitioner to submit his reply and hurriedly F.I.R. has been lodged. Moreover, co-accused, Shiv Shankar Singh, having more or less similar allegation, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 49811 of 2016.

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 Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town Police Station Case No. 610 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T