Dhiraj Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54695 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- ARER District- Madhubani ====================================================== DHIRAJ KUMAR MISHRA Son of Anil Kumar Mishra Resident of Village - Kapasia, Ward No.- 2, P.S.- Arer, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranaya Shanker Sinha, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 23-02-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Arer P.S. Case No. 20 of 2021, corresponding to G.R. No. 173 of 2021 registered for the offence under Section 420 of the Indian Penal Code and Sections 27 (b) (ii), 27 (d), 18 (c), 18 (a) (vi), 65 (7) of the Drug and Cosmetic Act, 1940. Learned counsel for the petitioner submits that the petitioner has already appeared on the notice under Section 41. The petitioner is sought to be arrested for the offence under Sections 27 (b) (ii), 27 (d), 18 (c), 18 (a) (vi), 65 (7) of the Drug and Cosmetic Act, 1940. The petitioner is ready to cooperate with the investigation.

Having considered overall aspects, I am inclined to

Patna High Court CR. MISC. No.54695 of 2021(2) dt.23-02-2022 2/3 grant benefit of anticipatory bail to the above named petitioner and in the event of arrest he shall be released on bail, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. as well as the following conditions:-

1. The above named applicant, furnish personal bond of Rs. 20,000/- (Twenty thousand only) with his recent selfattested photograph and surety of the like amount on the following conditions at the satisfaction of the investigating officer.

2. The applicant shall cooperate with the investigation and make himself available for interrogation whenever required.

3. The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer,

4. The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police;

5. The applicant shall not leave the territory of Madhubani (District name) without prior permission of the court, till trial is over;

6. The applicant shall maintain law and order;

Patna High Court CR. MISC. No.54695 of 2021(2) dt.23-02-2022 3/3

7. The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case;

8. The applicant shall surrender his passport, if any, before the investigating officer within a week and, if he does not possess any passport, he shall file an affidavit to that effect before the investigating officer;

9. The applicant shall regularly remain present during the trial and cooperate with the Hon'ble court to complete the trial for the above offences.

(Sanjeev Prakash Sharma, J) pravinkumar/- U T