Jitendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3720 of 2017 Arising Out of PS.Case No. -15 Year- 2013 Thana -PANCHRUKHI District- SIWAN ====================================================== Jitendra Pathak, son of Late Sudama Pathak, resident of village - Chanp, Police Station - Pacharukhi, District - Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kamala Kant Tiwary For the Opposite Party/s : Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-04-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Pacharukhi P.S. Case No. 15 of 2013 for the offences punishable under sections 420, 406, 418, 419, 467, 468, 470, 471, 472 and 506/34 of the I.P.C. The petitioner is not named in the FIR. It is submitted on behalf of the petitioner that his name first of all appears in the supervision note. No witness has stated the name of the petitioner. The petitioner has got no concern whatsoever. Against the supervision note the learned Sessions Judge in the order dated 24.01.2014 has passed comment and has observed that prima-facie it appears that such supervision has been made due to extraneous

Patna High Court Cr.Misc. No.3720 of 2017 (3) dt.25-04-2017 2/2 considerations. The learned Sessions Judge has allowed pre-arrest bail to Ajmat Ali Farooqui who is the Director and also to Sanjay Kumar who is the principal and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. fairly submits that the petitioner is not named in the FIR nor his name has come in the statement recoded under section 161 of the Cr.P.C. The informant has filed protest-complaint wherein also petitioner is not named. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Siwan in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T