Tapeshwar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24130 of 2018 Arising Out of PS.Case No. -644 Year- 2007 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Tapeshwar Singh S/o Late Ramji Singh, R/o Vill./Mohalla- Katrubigha, P.S.- Aungari, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ganauri Kumar Sinha, S/o Late Ram Lakhan Prasad, R/o Vill.- Katrubigha, P.S.- Ekangar Sarai, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.644 of 2007 registered for offences punishable under Sections 363 and 365 of the Indian Penal Code. Petitioner is not named in the FIR and the petitioner has come for bail against the summons issued by the learned trial court after finding some material against him.

Submission of the learned counsel for the petitioner is that in the FIR he is not named and the case has not been found true against the petitioner and the proceeding under Section 182 and 211 of the IPC was directed to be issued against the informant, thereafter the petition was filed and in the said petition he has not

Patna High Court Cr.Misc. No.24130 of 2018 (2) dt.02-05-2018 2/2 been named but now during the trial the trial court has issued summon on the basis of materials available on the record. Further submission is that he has been falsely implicated at the instance of his enemies.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available as stated above the learned trial court shall dispose of the same if possible on the same day. With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T