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Patna High CourtCR. MISC./63536/2022allowed

Kundan Kumar Bhaskar v. The State Of Bihar

2023-01-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63536 of 2022 Arising Out of PS. Case No.-277 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Kundan Kumar Bhaskar S/O Sri Ram Kant Mishra Resident Of VillageChopta, P.S.- Bhairabsthan, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 166, 166(A), 409, 120(B) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 14.03.2020 but the FIR has been lodged on 08.11.2020 after delay of 8 months without explaining any reasonable cause of delay. He submits that after inquiry Three Men Committee has found the petitioner and co-accused Ranjan Kumar guilty. He submits that similarly situated co-accused has already been granted anticipatory bail by the learned court below itself. He submits that the petitioner has been terminated from service. He further submits that

Patna High Court CR. MISC. No.63536 of 2022(2) dt.16-01-2023 2/2 petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioner has been terminated from service, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhubani Town P.S. Case No. 277 of 2020, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T