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Patna High Court - Orders

Satya Narayan Singh vs The State Of Bihar on 20 May, 2016

Author: Sharan Singh

Bench: Sharan Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.20589 of 2016
                      Arising Out of PS.Case No. -255 Year- 2005 Thana -KADAMKUAN District- PATNA
                 ======================================================
                 1. Satya Narayan Singh S/o Late Bharamdev Singh R/o Urmila Appartment,
                 Road No.11, Police Station- Kadam Kuan, District- Patna, Bihar.
                                                                      .... .... Petitioner/s
                                                  Versus
                 1. The State of Bihar                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Manas Prakash
                 For the Opposite Party/s   : Mr. Manas Prakash(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
                 SHARAN SINGH
                 ORAL ORDER

2   20-05-2016

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kadamkuan Police Station Case No. 255 of 2005, disclosing offences under Sections 355, 420/34 of the Indian Penal Code.

Some of the premises, which were to be used for residential purpose, had been put to commercial use by their owners. Such premises were sealed by the Regional Development Authority, Patna. It is alleged that subsequently the occupants of the said premises unsealed them and started using them for commercial purposes. With this allegation, the First Information Report has been instituted.

Learned Counsel for the petitioner has submitted that the petitioner has not unsealed the Patna High Court Cr.Misc. No.20589 of 2016 (2) dt.20-05-2016 2/2 concerned premises. He has further submitted that no offence under Section 420 of the Indian Penal Code can be said to be made out on the basis of what is alleged in the First Information Report.

Considering the submission, as above, this application is allowed.

Let the petitioner, Satya Narayan Singh, 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kadamkuan Police Station Case No. 255 of 2005, subject to the 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.) Prabhakar Anand/-

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