Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24094 of 2017 Arising Out of PS.Case No. -501 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Sanjay Kumar, S/o Sri Upendra Prasad Gupta, Resident of MohallaBidyadhar, Ward No.- 6, P.O. / P.S./District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Chandra, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 188/447/420/467/468/471/506/34 of the Indian Penal Code. Allegation against the petitioner is that he violated the order of this Court passed in Second Appeal No.63 of 2015. Submission of the petitioner is that this is not a case of willful disobedience, which would be evident from the order dated 30.01.2014, passed in Second Appeal No.278 of 2009, whereby second question of law formulated for consideration would reveal that in absence of any appeal against another party the maintainability of the second appeal and grant of relief in

Patna High Court Cr.Misc. No.24094 of 2017 (2) dt.01-07-2017 2/2 favour of the appellant was a question to be decided. Considering the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/Successor Court in connection with Khagaria Police Station Case No.501 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case. Mkr./- (Birendra Kumar, J) U T