Omkar Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59056 of 2022 Arising Out of PS. Case No.-351 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== OMKAR NATH SINGH SON OF KAMTA SINGH R/O VILLAGE- SIMARI BALA, P.S.- SIMRA, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 420, 409 and 34 of the Indian Penal Code.

As per the FIR, the petitioner with the help of Junior Engineer had fixed a hand pump in the premises of his own house.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that boundary wall of the petitioner had already been completed on 24.02.2017 and the

Patna High Court CR. MISC. No.59056 of 2022(2) dt.03-01-2023 2/2 aforesaid fund was allotted on 14.12.2017. He submits that similarly situated co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 27.01.2022 passed in Cr. Misc. No. 5896/2021. He further submits that 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, 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 Aurangabad Town P.S. Case No. 351/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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