Patna High CourtCR. MISC./33321/2017allowed

Santosh Kumar Singh @ Santosh Singh v. The State Of Bihar

2017-07-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.33321 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33321 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Santosh Kumar Singh @ Santosh Singh S/o Madan Singh Village- Harpur Purab Tola, P.S.- Baniapur, District- Saran, Presently at Socklating Tea State, P.S.- Pulibor, District- Assam and Wrongly described as Presenlty at Khokhla, P.S. Pulibor, District- Assam.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwajeet Singh For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Chapra Sadar Muffasil Police Station Case No. 61 of 2016, disclosing offences under Sections 406 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 alleged occurrence is of the year 2013 whereas the First Information Report has been lodged in the year 2016 after lapse of three years without explaining plausible delay, which itself creates doubt on the prosecution

Patna High Court Cr.Misc. No.33321 of 2017 (2) dt.20-07-2017 version. No such occurrence as alleged in the F.I.R. has taken place ever. 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 Chief Judicial Magistrate, Saran, in connection with Chapra Sadar Muffasil Police Station Case No. 61 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U