Patna High CourtCR. MISC./666/2016bail granted

Satya Narayan Pandey v. The State Of Bihar

2016-01-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.666 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -CHAURI District- BHOJPUR ====================================================== Satya Narayan Pandey son of Late Kesho Rai, resident of village - Dullamchak, Police Station - Chauri, District - Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Arun Kumar Singh, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Chauri P.S. Case No.52 of 2015 registered under sections147, 148, 149, 448, 341, 323, 354 and 379 of the Indian Penal Code. It is contended that the present case has been instituted in retaliation to Chauri P.S. Case No.47 of 2015 registered under sections 341, 323, 504, 354, 379 and 506/34 of the Indian Penal Code as well as section 27 of the Arms Act. The said case was instituted pursuant to the written report submitted by Usha Devi sister-in-law (Bhabhi) of the petitioner. It is further contended that there is an unexplained and inordinate delay in institution of the

Patna High Court Cr.Misc. No.666 of 2016 (2) dt.12-01-2016 2/2 present FIR as the alleged date of occurrence is said to be 19th July, 2015 but the FIR was instituted on 3rd August, 2015. Regard being had to the submissions made hereinabove, in the event of arrest or surrender in the court below within six weeks from today, the above named petitioner is directed to 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 Sri Nishit Dayal, learned Judicial Magistrate, Ara (Bhojpur) in connection with Chauri P.S. Case No.52 of 2015 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T