Ashwani Kumar @ Vaidyraj Ashwani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58167 of 2015 Arising Out of PS.Case No. -33 Year- 2013 Thana -ARA NAGAR District- BHOJPUR ====================================================== Ashwani Kumar @ Vaidyraj Ashwani Kumar, Son of Sri Shiv Shankar Prasad, Resident of -Murali Hill- Purani Godown ,Station Road, P.S. Kotwali (Town), Town & District Gaya. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Shantanu Bhattacharjee, Advocate For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Arrah Town P.S. Case No. 33 of 2013 (G.R. No. 379 of 2013), disclosing offences under Sections 467, 468, 471, 419, 420, 274, 275, 276 and 120B of the Indian Penal Code and Sections 27(b)(ii)(a)(c) of the Drugs & Cosmetics Amendment Act, 2008, 7 of the Drugs & Magic Remedies (Objectionable Advertisement) Act, 1954 and Section 6 of the Indecent Representation of Women (Prohibition) Act, 1986.
There are altogether 22 persons named in the First Information Report.
Learned counsel for the petitioner submits that 18 of them had been granted anticipatory bail by this Court by an order dated 03.08.2015 passed in Criminal Miscellaneous No. 37870 of
Patna High Court Cr.Misc. No.58167 of 2015 (2) dt.30-01-2016 2/2 2014 and various other cases. Learned counsel appearing on behalf of the petitioner appears to be right in his submission that accusation against this petitioner and the persons who have been granted anticipatory bail by this Court, are identical. Considering the submission as above, this application is allowed.
Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Arrah in connection with Arrah Town P.S. Case No. 33 of 2013 (G.R. No. 379 of 2013), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Vats/- U T