Vikash Kumar @ Vikash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26678 of 2018 Arising Out of PS. Case No.-459 Year-2017 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Vikash Kumar @ Vikash Rai, S/o Mangal Rai @ Raj Mangal Rai, Resident of Village- Bajhila, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey For the Opposite Party/s :

Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kanti P.S. case no. 459 of 2017 instituted for the offence under Sections 386, 379 and 504/34 of the Indian Penal Code.

It is submitted that petitioner has clean antecedents. The petitioner was earlier driver of the informant. He was driving his vehicle and there was dispute for his wages. When he made demand of his wages then the instant false case has been filed against this petitioner.

Case diary has been received.

Learned APP after perusing the case diary submits that independent witness has stated in para 6 of the case diary that there was dispute of wages of the petitioner with the informant

Patna High Court Cr.Misc. No.26678 of 2018(3) dt.20-06-2018 2/2 and when he made demand of his wages then the instant false case has been lodged.

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 Kanti P. S. case no. 459 of 2017, 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 learned SDJM (West) 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 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.