Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61020 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- GORIAKOTHI District- Siwan ====================================================== Azad Alam, son of Abdul Hakim @ Abdul Hakim Master, Resident of Village- Sisai Utar Tola, Police Station- Goriakothi, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate : Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2018 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and Mr. J.K.Singh, learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Goriakothi P.S. Case No.124 of 2018 registered under Sections 343, 341, 379, 420, 467, 468, 469, 406 and 504/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that absolutely a false complaint was filed by one Rajan Kumar Suman which was referred to the police for investigation in exercise of powers conferred under Section 156(3) of the Code of Criminal Procedure pursuant to which the instant FIR was instituted. He contended that save and except

Patna High Court Cr.Misc. No.61020 of 2018(4) dt.12-12-2018 2/2 oral allegation made in the complaint, there is no chit of paper to support the allegation that the petitioner and others took any amount of money from the informant of the case. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation as well as the fact and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Goriakothi P.S. Case No.124 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Md. S/- (Ashwani Kumar Singh, J) U T