Shambhu Singh @ Shambhu Lal v. The State Of Bihar

Patna High Court Cr.Misc. No.55452 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55452 of 2016 Arising Out of PS.Case No. -134 Year- 2016 Thana -PATNA GRP CASE District- PATNA ====================================================== Shambhu Singh @ Shambhu Lal son of Late Jitan Singh, resident of Mohalla Kumhar Toli, P.S.- Kankarbagh, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with G.R.P. (Patna Junction) P.S. Case No. 134 of 2016: Rail P.S. Patna Jn. Case No. 134 of 2016 registered under Sections- 419, 420, 379, 411, 401, 414 of the Indian Penal Code and section 11 of the Gambling Act.

It is alleged that on receiving information that some persons are indulging into gambling near the railway track, the informant with police party reached there and caught hold of six culprits who disclosed name of four other accused who fled away from the spot. Petitioner's name transpired in the list of persons who fled away.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.55452 of 2016 (2) dt.23-12-2016 petitioner's house is situated near railway track and he used to protest the act of indulging into gambling beside the railway track near his house, and as such, he has been falsely implicated in this case by the miscreants. It is further submitted that petitioner has not been put on Test Identification Parade till date.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Railway Magistrate, Patna in connection with G.R.P. (Patna Junction) P.S. Case No. 134 of 2016: Rail P.S. Patna Jn. Case No. 134 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) Manish/- U T