Bhanu Prakash @ Bhanu Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66427 of 2018 Arising Out of PS. Case No.-799 Year-2014 Thana- KHAGARIA District- Khagaria ====================================================== Bhanu Prakash @ Bhanu Prakash Singh, S/o Shiv Shankar Prasad Chouhan, resident of village-Sanhaul, Ward No. 9 P.S. Chitragupt Nagar, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bharat Bhushan For the Opposite Party/s :

Mr. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 379, 420, 467, 468, 471 of the Indian Penal Code and 7 of Essential Commodities Act. The prosecution case, in brief, is that the District Agriculture Officer, Khagaria lodged FIR against this petitioner and co-accused alleging therein that on information, he searched the house of co-accused Devendra Prasad Singh and recovered official documents, registers, seal, letter-pad etc. from his house. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.66427 of 2018(2) dt.14-12-2018 2/2 petitioner has been falsely implicated in the present case. The police after investigation, submitted final form against the petitioner. Later on, cognizance was taken by the court below against the petitioner in this case. The petitioner was not sent up for trial. The other co-accused namely Devendra Prasad Singh has already been acquitted by the trial court. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria in connection with Khagaria (Chitraguptnagar) P.S. Case No. 799 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T