Single judge allowed anticipatory bail application under Section 438 CrPC. Court noted police supplied illegible case diary and doubted informant's delay in FIR registration, granting bail upon surrender arrest.
Anticipatory bail granted; release on bail bond of Rs 10000 with two sureties upon arrest/surrender subject to conditions under Section 438(2) CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16709 of 2016
Arising Out of P.S. Case No. -222 Year- 2014 Thana -MAHNAR DistrictVAISHALI (HAJIPUR)
===================================== Dinesh Rai, son of Binda Rai, resident of VillageJurawanpur, P.S.- Bidupur, District- Vaishali, at present Raju Wine Shop, Desrajpur, P.S.- Mahnar, District- Vaishali. .... .... Petitioner/s Versus
The State of Bihar.
.... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Smt. Anuradha Singh, Adv. For the Opposite Party/s:Mr. Subhash Chandra Mishra (App)
=====================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Mahnar P.S. Case No.222 of 2014, disclosing offences under Sections 364/34 of the Indian Penal Code. Learned counsel for the petitioner has
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submitted that it is evident from the FIR that implication of the petitioner is merely on the basis of suspicion. She has further submitted that in course of investigation, no material could be collected to implicate this petitioner for the offence alleged. It has also been submitted that the informant’s mother is missing since 13.09.2014, whereas, the FIR has been lodged on 23.09.2014, without any explanation for delay.
Learned Additional Public Prosecutor, appearing on behalf of the State, has not been able to controvert the submission and has submitted that the copy of the case diary is too illegible to be read.
I deprecate the conduct of the police for supplying such copy of the case diary, which was not legible.
Considering the facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Vaishali at Hajipur , in connection with Mahnar P.S. Case No.222 of 2014 , subject to the
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condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Praveen-II/-
U T
1 issue framed by the court
Whether the application for grant of anticipatory bail should be allowed given the suspicion-based implication and legibility issues with the case diary.
1 provisions across 1 enactments
Dinesh Rai
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
