Patna High CourtCR. MISC./46954/2017bail granted

Sushil Kumar Singh v. The State Of Bihar

2017-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46954 of 2017 Arising Out of PS.Case No. -91 Year- 2016 Thana -DARIYAPUR District- SARAN ======================================================

1. Sushil Kumar Singh Son of Shilanath Singh Resident of village- Rasauli, Police Station- Panapur, District- Saran, under guardianship of Shilanath Singh, the father of the petitioner .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2017 Heard both sides.

The petitioner apprehends his arrest in Dariyapur P.S. case No. 91 of 2016 for the offences punishable under Section 353, 427 of the Indian Penal Code.

The learned counsel for the petitioner submits that petitioner is a student. The informant is not an eye witness of the occurrence. The informant, who is a PGT teacher, left his motor cycle, which was burnt to ashes, but later on the informant named the petitioner. It is submitted that no offence under Section 353 of the IPC is made out.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named

Patna High Court Cr.Misc. No.46954 of 2017 (3) dt.09-11-2017 2/2 in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to 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 learned Additional Chief Judicial Magistrate-IV, Saran at Chapra in connection with Dariyapur P.S. case No. 91 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T