Bhagwat Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17553 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -BAKHRI District- BEGUSARAI =====================================

1. Bhagwat Chaudhary, son of Late Jitan Chaudhary, resident of Station Road, Bakhri, P.S. - Bakhri, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Ajay Kr. Thakur, Adv. Mr. Amit Kumar, Adv.

For the Opposite Party/s : Mr. Ram Chandra Singh (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bakhri P.S. Case No.33 of 2016, disclosing offences under Sections 419, 420, 468, 469 and 120 (B) of the Indian Penal Code and Sections 18(A) (B) (C), 28, and 28(A) of Drugs and Cosmetics Act, 1940.

Learned counsel for the petitioner has submitted that it is evident from the First Information

Patna High Court Cr.Misc. No.17553 of 2016 (4) dt.13-07-2016 2/3 Report that the son of the petitioner, namely, Santosh Kumar, got valid licence for running the medical store. He has submitted that on an incorrect allegation that in the same premise, another shop was being run by the petitioner and his other son, namely, Sunil Kumar, the present First Information Report has been registered. He has also submitted that considering the fact that petitioner has no criminal antecedent, as stated in paragraph 3 of the application, no purpose would be served if the petitioner is taken into custody since there is no likelihood that he would be tampering with the evidence in course of investigation or influencing the witnesses in any manner. In view of the submission, as above, this application is allowed.

Let the petitioner, above named, 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 Sub-Divisional Judicial Magistrate, Begusarai, in connection with Bakhri P.S. Case No.33 of 2016, 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

Patna High Court Cr.Misc. No.17553 of 2016 (4) dt.13-07-2016 3/3 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