Shantanu Sharma @ Shantanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70146 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== SHANTANU SHARMA @ SHANTANU KUMAR Son of Akhilesh Sharma Resident of Village-Khoraitha, P.O. and P.S.-Vikram, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Sharma, Sr. Adv Mr. L.K. Sharma For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Gardanibagh P.S.Case No.362 of 2019 dated 21.6.2019 , registered for offences punishable under Sections 419, 468, 471, 472 and 120B of the Indian Penal Code.

As per FIR, there is allegation that in place of the petitioner, another person was appearing in the examination and he was arrested by the police .

Submission of the learned counsel for the petitioner is that he was not arrested moreover there appears to be some anomaly with the lodign of the FIR and the same was recorded on 9.6.2019 and FIR was registered on 21.6.2019 and sent on 26.6.2019 to the court.

Patna High Court CR. MISC. No.70146 of 2019(2) dt.15-11-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the learned court below within a period of three weeks from the date of receipt of order and on surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM XIV cum Sub Judge, Patna in connection with Gardanibagh P.S.case No.362 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that if in future any such type case is filed against the petitioner, prosecution is at liberty to move for cancellation of his bail bond. .

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T