Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77344 of 2018 Arising Out of PS. Case No.-502 Year-2018 Thana- ARARIA District- Araria ====================================================== Pawan Kumar Son of Late Vijay Prasad Resident of Chhoti Patandevi, Naya Tola,Police Station Chowk Patna City,Post Office-Jhaoganj,Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeet Kumar For the Opposite Party/s :
Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Araria P.S.Case No. 502 of 2018 registered under Sections 406, 409, 420/34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that there is inordinate and unexplained delay of about 8 years in institution of the FIR. Several other co-accused having more or less identical allegation have already been granted pre-arrest bail by this Court. He has produced orders passed in Cr.Misc. Nos.73921 of 2018, 62847 of 2018 and 77742 of 2018 in order to substantiate his contention that coaccused Sri Kant Mandal, Rajanandan Kumar @ Rajnandan Kumar, Raj Ballabh Yadav @ Raj Ballabh Yadav, Md. Manzar
Patna High Court Cr.Misc. No.77344 of 2018(2) dt.10-01-2019 2/2 Naim @ Md. Manzar Nayeem and Dinesh Chaupal have been granted pre-arrest bail by different Benches of this Court. Learned counsel for the State does not dispute the fact that other co-accused having more or less identical allegation have been granted pre-arrest bail by different Benches of this Court.
In that view of the matter, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 502 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J) pradeep/- U T