Prakash Kumar @ Prakash Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35399 of 2017 Arising Out of PS.Case No. -195 Year- 2017 Thana -BHAGWAN BAZAR District- SARAN ====================================================== Prakash Kumar @ Prakash Sah Son of Shri Kanhaiya Sah, Resident of Village- Dahiyawan Brahm Toli Dargah, Police Station- Chapra Town, District- Saran (Chapra). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner, apprehending his arrest in connection with Bhagwan Bazar P.S. Case No. 195 of 2017 registered for the offences punishable under Sections 457, 380 and 511 of the Indian Penal Code, seeks the privilege of pre-arrest bail. Allegedly, co-accused Ram Pujan Rai was caught and he stated the name of the petitioner regarding the involvement of the petitioner in the crime.
Submission is of false implication and that Ram Pujan Rai due to enmity has stated the name of the petitioner. The petitioner has got no concern with the alleged incident. He has got no criminal antecedent and as such, he deserves sympathetic consideration.
Patna High Court Cr.Misc. No.35399 of 2017 (2) dt.11-08-2017 2/2 The learned A.P.P. submits that co-accused Ram Pujan Rai has stated the name of the petitioner.
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 the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Chapra in connection with Bhagwan Bazar P.S. Case No. 195 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Jitendra Mohan Sharma, J) Vats/- U T