Patna High CourtCR. MISC./50802/2017allowed

Arun Kumar Sinha v. The State Of Bihar

2017-10-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50802 of 2017 (2) dt.18-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50802 of 2017 Arising Out of PS.Case No. -12 Year- 2014 Thana -UPHARA District- AURANGABAD ====================================================== Arun Kumar Sinha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Pathak For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Uphara Police Station Case No. 12 of 2014, disclosing offences under Sections 379 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 petitioner has not named in the F.I.R. rather he has falsely been implicated in this case. As a matter of fact, the occurrence is of 28.05.2013 and the F.I.R. has been lodged on 24.03.2014 after lapse ten months without explaining the plausible delay. Nothing has been recovered from the possession of the petitioner. Moreover, final form in this case has been submitted. Hence, the petitioner also deserves the

Patna High Court Cr.Misc. No.50802 of 2017 (2) dt.18-10-2017 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 Judicial Magistrate, Daudnagar, Aurangabad, in connection with Uphara Police Station Case No. 12 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T