Ashwini Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39217 of 2015 Arising Out of PS.Case No. -50 Year- 2011 Thana - HULASGANJ District- JEHANABAD =====================================
1. Ashwini Kumar, son of Sri Parmeshwar Prasad, resident of villageKem, Police StationHulasganj, DistrictJehanabad at present posted at Hulasganj as Agriculture Expert.
2. Uttam Kumar, son of Sidheshwar Paswan, resident of village- Uttimpur P.S. Hulasganj, District- Jheanabad posted as Kishan Salahkar.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Ram Suhawan Singh, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Hulasganj P.S. Case No.50 of 2011, disclosing offences under Sections 409, 420, 120(B) of
Patna High Court Cr.Misc. No.39217 of 2015 (2) dt.28-09-2015 2/3 the Indian Penal Code.
Considering the submission made on behalf of the petitioners that the police after investigation submitted final form, holding implication of these petitioners to be mistake of fact, and the contention that learned Chief Judicial Magistrate took cognizance of the offence, despite report of the police, raising apprehension of arrest of these petitioners, in connection with the said police case, this application is allowed.
Let the petitioners, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Hulasganj P.S. Case No.50 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to
Patna High Court Cr.Misc. No.39217 of 2015 (2) dt.28-09-2015 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J.) Praveen-II/- U T