Arvind Kumar @ Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38528 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -KHAGAUL District- PATNA ====================================================== Arvind Kumar @ Arvind Yadav Sono f Umesh Prasad Yadav, Resident of Village-Mustaffapur, P.S.-Khagaul, District-Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khagaul P.S.Case No. 48/2017 instituted for the offence under sections 147, 341, 342, 386, 504, 506, 379, 323, 149, 120(B) of the Indian Penal Code.

It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The informant has falsely implicated the petitioner due to political rivalry. It is further alleged that co-accused Sonu Kumar is own man of the informant as would appear from the agreement which is enclosed as Annexure 5 of the supplementary affidavit. In the written report there is general allegation that this petitioner with Sonu Kumar made demand of Rangdari and also gave threat when the informant filed the tender for work in Railway.

Patna High Court Cr.Misc. No.38528 of 2017 (5) dt.10-10-2017 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/ arrest of the petitioner, named above, within six weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in connection with Khagaul P.S.Case No. 48/2017, subject to the conditions as laid down under section 438(2) Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) Surendra/- U