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Patna High CourtCR. MISC./24747/2019allowed

Anil Kumar v. The State Of Bihar

2019-07-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24747 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- JAMHOR District- Aurangabad ====================================================== ANIL KUMAR Son of Munarik Prasad @ Munarik Yadav, Resident of Village- Kharauna Khurd, P.S.- Goh, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 384, 385, 504 506/34 of the Indian Penal Code. The prosecution case as lodged by the informant is that on 02.03.2019 around 6 PM he was on NH 139 and going to Biharsharif. When he was crossing from Ramchandra Nagar, 3-4 unknown persons came, stopped him and started asking Rs. 500/- for pasting sticker on his truck. When the infomant refused to give money and asked not to paste stickers then

Patna High Court CR. MISC. No.24747 of 2019(3) dt.10-07-2019 2/3 unknown persons abused him and were going to thrash him. He informed the police about the incident and till time police came they ran away. It was told by locals that sticker shop belong to Anil Kumar. Then police seized the red and yellow colour stickers and receipt pad from a closed shop.

It has been submitted on behalf of the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. He submits that the petitioner owns an authorized shop of reflective tape bearing certificate no. BR26TC-10/18-19 and it is alleged in the F.I.R. that stickers used by 3-4 unknown persons are available in the petitioner's shop.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Jamhore Police Station Case No. 22 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with

Patna High Court CR. MISC. No.24747 of 2019(3) dt.10-07-2019 3/3 the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T