Om Prakash Yadav @ Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31350 of 2022 Arising Out of PS. Case No.-101 Year-2021 Thana- DHANGAI District- Bhojpur ====================================================== OM PRAKASH YADAV @ OM PRAKASH SINGH Son of Butru @ Indrajit Singh Resident of Village - Digha, P.S. -Dhangai, District -Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act.

The informant alleges that on 5.12.2021 when they were going for a raid when the informant saw two riders approaching on a motorcycle who started fleeing on seeing the police but one of the miscreants was caught who disclosed his name as Pintu, it is next alleged that on search of the sack which he was carrying, cartridges along with mobile and arms were found, it is next alleged that Pintu disclosed the name of the petitioner as the person who fled.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.31350 of 2022(2) dt.22-11-2022 2/3 petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that he was not apprehended from the spot as such nothing was recovered from his conscious possession, it is also submitted that petitioner is a person with clean antecedent and will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case.

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

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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Dhangai P.S. Case No. 101 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving undertaking before this Court

Patna High Court CR. MISC. No.31350 of 2022(2) dt.22-11-2022 3/3 that he will cooperate in the investigation is not cooperating in the investigation or does not respond to the call of the I.O., the learned Trial Court shall forthwith cancel his bail bonds after recording reasons.

(Satyavrat Verma, J) HarshPandey/- U T