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Patna High CourtCR. MISC./62179/2019allowed

Krishna Sahani v. The State Of Bihar

2019-11-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62179 of 2019 Arising Out of PS. Case No.-174 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== KRISHNA SAHANI S/o Munilal Sahani R/o village- Badharwa, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420 and 379 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 10.04.2019 whereas the F.I.R. has been filed on 21.04.2019 after lapse of eleven days without explaining the plausible delay which creates doubt over the prosecution version. Moreover, the petitioner has been made accused in this case on the basis of disclosure

Patna High Court CR. MISC. No.62179 of 2019(3) dt.27-11-2019 2/2 made by the villagers. No case under Section 420 and 379 of the I.P.C. is made out against the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the, above named, petitioner in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Muffasil P.S. Case No. 174 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T