The High Court granted anticipatory bail to the petitioner apprehending arrest in a case under Sections 365/34 IPC, considering the circumstantial nature of the accusation and the absence of criminal antecedents.
Petitioner granted anticipatory bail on furnishing bonds of Rs. 10,000 with two sureties for a period of 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.72395 of 2018
Arising Out of PS. Case No.-64 Year-2017 Thana- AAYAR District- Bhojpur
======================================================
Sanjeet Kumar Singh @ Budha Singh, Son of Sri Vijay Singh Resident of Village: Barnaon, P.S. Ayer, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sada Nand Roy For the Opposite Party/s : Mr.Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 20-12-2018
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.
The prosecution case as per the written report of Lalita Devi dated 13.09.2017 submitted to the Station House Officer of Ayer Police Station is to the effect that on 11.09.2017 at 5.30 P.M. the husband of the informant went to attend a feast with his close friend, Vikash Kumar. When he did not return till late night then the informant inquired from her father-in-law, who conveyed that her husband had gone towards the poultry farm along with Vikash Kumar Singh and three other persons
Patna High Court Cr.Misc. No.72395 of 2018(2) dt.20-12-2018 2/3
including the petitioner.
It is submitted by learned counsel for the petitioner that only on suspicion, the accusation has been levelled. There is no direct evidence collected during investigation against the petitioner. It is further submitted that for the occurrence of 11.09.2017, the FIR has been registered on 13.09.2017. Moreover, co-accused Ramesh Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 60688 of 2017. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
Learned APP submits that the petitioner is named in the First Information Report.
Considering the circumstantial nature of acusation coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Ayer
Patna High Court Cr.Misc. No.72395 of 2018(2) dt.20-12-2018 3/3
P.S. Case No. 64 of 2017, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a case involving Section 365/34 IPC.
Whether the circumstantial nature of the accusation and the petitioner's lack of criminal antecedents justify anticipatory bail.
1 provisions across 1 enactments
Sanjeet Kumar Singh @ Budha Singh
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
