Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17791 of 2016 Arising Out of PS.Case No. -128 Year- 2014 Thana -DHAMDAHA District- PURNIA ====================================================== Shankar Kumar, Son of Ram Chandra Singh, resident of village- Sapaha, P.S.- Tikapatti, District- Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Suppl. Dhamdaha P.S. Case No. 128/14 for offences alleged under Sections 406, 420, 467, 468, 471, 120-B and 295-A of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that one Girja Devi and others including the petitioner collected money from the villagers assuring them that the money will be doubled in a month and after expiry of period, when they went to demand their money they were threatened and after that all accused persons fled away.

It has been submitted by the learned counsel for

Patna High Court Cr.Misc. No.17791 of 2016 (2) dt.04-05-2016 2/3 the petitioner that the petitioner has committed no offence and has falsely been implicated in the aforesaid case due to village politics. He further submits that it is the co-accused Girija Devi who has cheated the depositors, as is evident from the First Information Report and all the depositors, who gave statement under Section 164 Cr.P.C., have not named the petitioner. He further submits that many of the other co-accused have since been granted the privilege of anticipatory bail by the learned court below itself and similarly situated one Chandan Koyari @ Chandan Kumar has been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 12531 of 2015 on 07.05.2015.

However, learned APP for the State submits that the petitioner is named co-accused in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, 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 1st Class, Purnea, in connection with Suppl. Dhamdaha P.S. Case No. 128/14, subject to the conditions as laid

Patna High Court Cr.Misc. No.17791 of 2016 (2) dt.04-05-2016 3/3 down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T