Prakash Kumar Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47219 of 2018 Arising Out of PS. Case No.-532 Year-2015 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Prakash Kumar Srivastava, Son of Late Chandra Shekhar Srivastava, Resident of Mohalla- Sherpur Road Mithanpura Lala, P.S.- Bela, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Kazi Mohammadpur P.S. Case No. 532 of 2015 instituted for the offence under Section(s) 419,420,467, 468, 471, 406, 323, 504 and 120B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that this petitioner has been described in the written report as employee of the aforesaid Maahalaya Company. The main allegation is against co accused Alok Kumar Srivastava. He has given an undertaking in Court during hearing of his bail petition vide Cr. Misc. 8907 of 2017 that he will deposit the amount within 6 months and on that ground he was granted provisional bail for

Patna High Court Cr.Misc. No.47219 of 2018(2) dt.29-08-2018 2/3 six months by order dated 21.2.2018 passed in Cr. Misc. no. 8907 of 2017. He has further submitted that co accused persons have already been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 30.1.17 passed in Cr. Misc. no. 49826 of 2016.

From the written report itself it appears that there is no any allegation of specific overt act against this petitioner. He is only described to be an employee of the aforesaid Company. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kazi Mohammadpur P.S.Case No. 532 of 2015, 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 ACJM-3rd, East Muzaffarpur, 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

Patna High Court Cr.Misc. No.47219 of 2018(2) dt.29-08-2018 3/3 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) shyambihari/- U