Patna High CourtCR. MISC./36794/2017allowed

Awadh Kumar v. The State Of Bihar

2017-08-19Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36794 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36794 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Awadh Kumar Son of Anand Kumar Sharma, R/o Mohalla- Bara Bazar, P.S.- Town, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Town Police Station Case No. 27 of 2017, disclosing offences under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, occurrence took place in the year 2014 whereas F.I.R. has been lodged in the year 2017 lapse of three years, which itself creates doubt on the prosecution version. As a matter of fact, the petitioner happens to be an agent of the Budge-Budge Company and he has no concern with the internal work of the company.

Patna High Court Cr.Misc. No.36794 of 2017 (2) dt.19-08-2017 Hence, the petitioner deserves the 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 Chief Judicial Magistrate, Darbhanga, in connection with Town Police Station Case No. 27 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T