Arvind Rai @ Arvind Kumar Yadav @ Jugar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27384 of 2023 Arising Out of PS. Case No.-368 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== ARVIND RAI @ ARVIND KUMAR YADAV @ JUGAR Son of Rambabu Rai R/O Nepali Kothi, Kila Road, PS- Chowk, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with fourteen antecedent but out of fourteen cases, twelve cases are of Excise Act and two cases are of Copyright Act, it is next submitted that once a person is implicated in Excise case, thereafter, in a mechanical manner, the police implicates him in other cases, it is also submitted that the petitioner in all the cases of excise was never apprehended from the spot and he was implicated subsequently either based on secret information or on confessional statement. It is further

Patna High Court CR. MISC. No.27384 of 2023(2) dt.21-07-2023 2/3 submitted that the informant alleges that Vicky was arrested on informant of gambling from the place of occurrence and he disclosed that gambling business is operated by the petitioner who fled.

4. Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession, it is next submitted that even presuming what has been alleged is true without admitting then the allegation is that the informant received information that some accused persons were indulging in gambling based on which they reached the place of occurrence from where Vicky was arrested, it is next submitted that Section 11 of the Gambling Act is bailable and no offence under Section 420 of the IPC is made out in the nature of allegation as alleged in the FIR but only in order to make the offence non-bailable, Section 420 of the IPC has been added.

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

6. 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 trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.27384 of 2023(2) dt.21-07-2023 3/3 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 trial court where the case is pending/successor court in connection with Chowk P.S. Case No. 368 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. One of the bailor of the petitioner shall be his father Ram Babu Rai.

(Satyavrat Verma, J) HarshPandey/- U T