Patna High CourtCR. MISC./22702/2017bail granted

Sanjay Kumar v. State Of Bihar And ANR

2017-07-06Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.22702 of 2017 (3) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22702 of 2017 Arising Out of PS.Case No. -66 Year- 2013 Thana -RAJIVNAGAR District- PATNA ====================================================== Sanjay Kumar Son of late Lok Nath Rai Resident of Mohalla- Yadubanshi Nagar, Police Station- Digha, District- Patna..... .... Petitioner

Versus

1. The State of Bihar.

2. The Bihar State Housing Board, Patna Division- Camp Rajiv Nagar, P.S. Rajiv Nagar, District Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Parashuram Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh For O. P.No. 2 :- Mr. Birendra Kumar Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner apprehends his arrest in connection with Rajiv Nagar P.S. Case No. 66 of 2013 registered for the offences punishable under Sections 447, 406, 420/34 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused were making illegal construction over the land of Bihar State Housing Board.

Submission is of false implication and that the petitioner has nothing to do with the encroachment, he is not the resident of that locality and similarly situated co-accused Arbind Kumar has been allowed pre-arrest bail vide Cr. Misc. No. 8811 of 2017 and

Patna High Court Cr.Misc. No.22702 of 2017 (3) dt.06-07-2017 as such the petitioner deserves sympathetic consideration. Learned APP and learned counsel for the O. P. No. 2 oppose the prayer of pre-arrest bail by submitting that the petitioner and others are engaged in making illegal construction and in this case prayer of pre-arrest bail of Rambishun Singh and Dhirendra Kumar Singh have already been rejected. In the facts and circumstances stated above, considering that there is no specific allegation against the petitioner, one of the co-accused Arbind Singh has been allowed pre-arrest bail, the petitioner above named, 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 execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Rajiv Nagar P.S. Case No. 66 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.