Lal Babu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5636 of 2019 Arising Out of PS. Case No.-102 Year-2016 Thana- BHORE District- Gopalganj ====================================================== Lal Babu Bhagat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Bhore P.S.Case No. 102 of 2016, registered for offences punishable under Sections 323, 325, 420, 406, 467, 468 and 471/34 of the Indian Penal Code..

Allegation as per F.I.R. against the petitioner is that the petitioner induced the informant to pay a total sum of Rs. 1,25,000/- for getting visa issued in favour of the informant's son and arranging tickets for his job to Saudi Arabia but he has misappropriated the same and not returning the same. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and on two occasions, the visa of the son of the informant was prepared and his air tickets were booked and on both the occasions but due to his personal reason, the son of the informant has not availed the same as he has received fracture injury and as such, whole

Patna High Court CR. MISC. No.5636 of 2019(3) dt.27-03-2019 2/2 allegation is false and concocted and he has no criminal antecedent. It is also submitted that similarly situated coaccused have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 25.07.2017 passed in Cr. Misc. No. 24378 of 2017.

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

Having heard both sides and in view of the facts and circumstances discussed above, prayer for anticipatory bail of the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 learned Additional Chief Judicial Magistrate- XII, Gopalganj in connection with Bhore P.S.Case No. 102 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) sudha/- U T