Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41699 of 2018 Arising Out of PS. Case No.-248 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Pintu Yadav, Son of Mahendra Pd. Yadav @ Mahendra Yadav, resident of Village Jagdishpur, P.S. Jagdishpur, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Jagdishpur P.S. Case No. 248 of 2018 instituted for the offence under Sections 149,420,353 of the IPC.

Learned counsel for the petitioner submits that it is mentioned in the written report itself that petitioner was not posted in the block as government servant. Petitioner had no concern with giving the required certificate to the concerned person in the office.

In the written report, it is alleged that District Magistrate inspected the Anchal Office at Jagdishpur. During inspection, one Muskan Kumari has leveled allegation before Anchal Adhikari that she applied for Income Tax certificate, Residential Certificate, but the same was not supplied by the

Patna High Court Cr.Misc. No.41699 of 2018(2) dt.19-07-2018 2/3 petitioner who was working as illegal employee in the office. From the written report itself, it is apparent that petitioner has no authority to supply the certificate. He was not an employee of the aforesaid office.

Learned counsel for the petitioner submits that Anchal Office to save itself, has filed the instant case against this petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jagdishpur P.S. Case No. 248 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if

Patna High Court Cr.Misc. No.41699 of 2018(2) dt.19-07-2018 3/3 the 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) khushbu/- U T