Dwarika Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.44530 of 2015 (5) dt.20-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44530 of 2015 Arising Out of PS.Case No. -3441 Year- 2010 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Dwarika Prasad Son of Late Shankar Prasad Manager Vijay Road Lines Co. at Bari Pahari, P.O. + P.s. Agamkuan, District Pahari, present address Vijay Road Lines Co Transport Nagar, P.S. Agamkuan, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. East India Pharmaceutical Works Limited, Bank Road, P.S. Gandhi Maidan, District Patna and its C& FA situated at Computer Zone Campus, Exhibition Roa, P.S. Gandhi Maidan, District Patna through Branch Manager.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Binod Kumar -Iii(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the State and leaned counsel appearing on behalf of the complainant.

The petitioner apprehends his arrest in connection with Complaint Case No. 3441 (c) of 2010 for the offences registered under Sections 406 and 407 of the Indian Penal Code. Learned counsel for the petitioner submits that as per the deposition of the complainant witness no. 1, the drugs, in question, have already been delivered to the drugs company (accused no.2). The said facts stand endorsed by the complainant witness no. 1 in his statement under Section 202 of

Patna High Court Cr.Misc. No.44530 of 2015 (5) dt.20-06-2016 the Cr.P.C.

Learned counsel appearing on behalf of the complainant submits that the present application for anticipatory bail filed by the petitioner is premature as till date no warrant has been issued against the petitioner and as such, the application is not maintainable at present.

Be that as it may, considering the facts that the Bench which had earlier passed the interim order has considered the issue and granted interim protection to the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 3141 (c) of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T