High Court Patna High Court - Orders

Dinesh Shukla vs The State Of Bihar on 11 November, 2011

Patna High Court – Orders
Dinesh Shukla vs The State Of Bihar on 11 November, 2011
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Cr.Misc. No.37124 of 2011
                           Dinesh Shukla son of Rameshwar Shukla, R/o village-
                           Sonbarsa, P.S.-Belaon, District-Kaimur (Bhabua)
                                                    Versus
                                             The State of Bihar
                                                  -----------

2. 11.11.2011. Heard learned counsel for the petitioner and learned counsel for

the State.

The petitioner apprehends his arrest in connection with a case in

which cognizance of the offence punishable under section 379 of the Indian

Penal Code and section 27 of the Arms Act has been taken.

It is submitted that the petitioner is being maliciously

prosecuted. Prior to the institution of the present case, a co-accused Ram

Sakhi Paswan had already instituted a complaint case being Complaint Case

No.574 of 2009 in the court of Chief Judicial Magistrate, Bhabua regarding

the occurrence which is said to have taken place on 20.5.2009. The

petitioner is one of the named witness in the complaint instituted by a co-

accused Ram Sakhi Paswan. The present complaint has subsequently been

instituted on 2.7.2010.

Taking into consideration the submissions, facts and

circumstances of the case let the petitioner named above, in the event of

arrest or surrender before the court below within a period of four weeks

from the date of receipt/communication of the order be released on bail on

furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the

like amount each to the satisfaction of learned S.D.J.M., Bhabua at Kaimur

in connection with Complaint Case No.851 of 2010 subject to the

conditions as laid down under section 438(2) of the Code of Criminal

Procedure.

Md.S.                                           ( Ashwani Kumar Singh, J.)