Patna High CourtCR. MISC./45096/2018bail granted

Amit Kumar Suman v. State Of Bihar And ANR

2018-08-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45096 of 2018 Arising Out of PS.Case No. -1040 Year- 2017 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Amit Kumar Suman S/o Bishnudeo Prasad, R/o Vill.- Chandpur, P.S.- Gogri, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Suresh Chaudhary S/o Late Kamo Chaudhary, R/o Vill.- Kanu Tola, P.S.- Bakhtiyarpur, District- Saharsa.

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

For the Petitioner/s : Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Complaint Case No. 1040 C of 2017, registered for offences punishable under Sections 457, 451, 380 and 427 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is that the petitioner is named in the F.I.R. and the case is of commission of theft in the house of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and earlier final form has been submitted by the police and the learned

Patna High Court Cr.Misc. No.45096 of 2018 (2) dt.01-08-2018 2/2 Magistrate has taken cognizance against the petitioner and the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders 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 Sri Amit Bhaibhav, learned Judicial Magistrate, 1st class at Saharsa in connection with Complaint Case No. 1040 C of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T