Devendra Kumar @ Devendra Mehta @ Devendra Kumar Mehta @ Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37256 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- BIRPUR District- Supaul ====================================================== DEVENDRA KUMAR @ DEVENDRA MEHTA @ DEVENDRA KUMAR MEHTA @ RAJ Son of Laxmi Prasad Mehta Resident of Village- Ward No. 17, Mansapur, P.s.- Karjain Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 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 14A(a)(b) and 14(c) of the Foreigners Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that one Krishna Kumar was apprehended on the allegation that he had brought a female of Uzbekistan to Indian from Nepal, further he disclosed that he had brought the foreigner on direction of the petitioner who uses foreigner for prostitution and the accused in lieu of his work gets Rs. 2,000/- Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37256 of 2022(2) dt.01-12-2022 2/3 petitioner has been falsely implicated in the present case, it is next submitted that his name transpired in the confessional statement of Krishna Kumar in police custody which admittedly does not have any evidentiary value, it is also submitted that petitioner is not evading the law rather will co-operate in the investigation and 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 Birpur P.S. Case No. 107 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving an

Patna High Court CR. MISC. No.37256 of 2022(2) dt.01-12-2022 3/3 assurance to this Court is not co-operating in the investigation or has not presented himself when required before him then the learned trial court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall be entitled to cancel his bail bonds and also to take all coercive steps to ensure that petitioner is behind bars. The learned trial court is directed to send a copy of this order to the concerned Police Station.

(Satyavrat Verma, J) Shivam/- U T