Vijay Kumar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39582 of 2017 Arising Out of PS.Case No. -4 Year- 2013 Thana -SACHIWALAYA District- PATNA ====================================================== Vijay Kumar Lal, Son of Late Ram Awatar Rajak, Resident of Ramdas Path Mithapur, P.S.-Jakkanpur, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 19-08-2017 Heard Sri Sanjay Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Sachiwalaya P.S. Case No. 4 of 2013 registered for offence under Section 379 of the Indian Penal Code, has prayed for grant of bail in the event of arrest or surrender.

Learned counsel for the petitioner, by way of referring to F.I.R., submits that F.I.R. was lodged against unknown in the year 2013 on a disclosure that certain records were found misplaced in the office of Rajbhasha Urdu Directorate. Learned counsel for the petitioner submits that it is true that during investigation, this fact has come that the petitioner alongwith other two persons were custodian of the record, but even after expiry of more than four years, no evidence has been collected to show direct implication of the petitioner. Learned counsel for the

Patna High Court Cr.Misc. No.39582 of 2017 (2) dt.19-08-2017 2/2 petitioner has also drawn my attention to the order dated 17-06-2017 whereby the prayer for anticipatory bail of the petitioner and two others was rejected. He submits that while hearing anticipatory bail petition, entire case diary was available before the court below and it appears that in the case diary, no material showing direct involvement of the petitioner was collected.

Considering the fact that F.I.R. was lodged long back in the year 2013 against unknown and till date no specific material has been collected against the petitioner, there is no reason to deny the prayer for grant of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Vijay Kumar Lal be enlarged 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 Raghvendra Narayan Singh, learned C.J.M., Patna in connection with Sachivalya P.S. Case No. 4 of 2013, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) Anay U T