Anup Kumar Srivasatava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67403 of 2018 Arising Out of PS. Case No.-421 Year-2016 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Anup Kumar Srivastava, Son of Late Ramashray Prasad Srivastawa, Resident of Village-Pandaina Khas, P.S.-Uchkagawan, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Gopalganj P.S. Case No. 421 of 2016 registered for the offences punishable under Sections 155(a), 295(a)/34 of the Indian Penal Code and Sections 66, 66 (C), 67, 67(a) of I.A.T. Act. Petitioner is not named in the first information report and the impugned order dated 13.9.2018 goes to show that learned 1st Additional Sessions Judge, Gopalganj did not find any material against the petitioner in case diary. However, it is surprising enough that in spite of the above stated fact, the learned 1st Additional Sessions Judge, Gopalganj did not think it proper to extent the privilege of anticipatory bail to the

Patna High Court Cr.Misc. No.67403 of 2018(2) dt.03-12-2018 2/2 petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Sri Sanjay Kumar, learned Judicial Magistrate, 1st Class, Gopalganj in Gopalganj P.S. Case No. 421 of 2016 subject to conditions as laid down under Section 438(2) of the Cr.P.C. However, learned 1st Additional Sessions Judge, Gopalganj, is advised to be more cautious and careful while passing orders on bail petitions because the question of grant and rejection of bail petition involves the personal liberty of a person.

(Hemant Kumar Srivastava, J) Spd/- U T