Vijay Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23010 of 2022 Arising Out of PS. Case No.-92 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== VIJAY RAJAK S/o- Anup Lal Tanti R/o- Vill - Pairu Mandal Tola, Vijay Nagar, P.S. - Bariyarpur, Dist.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Suman, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 120(B) of the Indian Penal Code read with Sections 25(1-b)a, 26(1) and 35 of the Arms Act and Sections 18B, 19 and 20 of the Unlawful Activities (Prevention) Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case under the U.A.P. Act Explosive Substances Act and the informant alleges that on secret information, Nandal Mandal was arrested who disclosed that accused persons, including the petitioner, are members of extremist group and this petitioner helps in arranging people for training as extremists.

Patna High Court CR. MISC. No.23010 of 2022(2) dt.07-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner was in judicial custody in connection with Khaira P.S. Case No. 203 of 2021 and was released on regular bail by the learned Sessions Judge vide order dated 27.08.2021 in B.A. No. 599 of 2021 as such it is submitted that when the present F.I.R. came to be instituted, the petitioner was already in custody and was released after the FIR was instituted, it is next submitted that since petitioner was in judicial custody in a similar case, as such the informant falsely implicated him.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bariyarpur P.S. Case No. 92 of 2021 subject to the conditions as

Patna High Court CR. MISC. No.23010 of 2022(2) dt.07-11-2022 3/3 laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner shall be his father, Anup Lal Tanti.

(Satyavrat Verma, J) Rishi/- U T