Pradip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12770 of 2018 Arising Out of PS.Case No. -32 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ====================================================== Pradip Kumar, S/o Suresh Prasad Yadav, R/o Village- Mundichak, P.S.- Tilkamanjhi, District- Bhagalpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gopalpur (Rangra) P.S. Case No. 32 of 2013 instituted for the offence under Sections 419, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The informant has alleged in the written report that on confidential information, he went to Plant of APCO Infratech Pvt. Co. Ltd. and found some private Security Personnel on duty with gun. The informant enquired about the license of the gun which was with Prem Kumar, who showed the license in the Barrack. The informant has further alleged that after lodging Sanha, the informant began to enquire regarding the license of other guns from the security agency, but no proper response was given by the
Patna High Court Cr.Misc. No.12770 of 2018 (2) dt.09-03-2018 2/3 Security Agency. The Senior Officer was also not co-operating in the said enquiry.
Learned counsel for the petitioner has submitted that petitioner is employee of APCO Infratech Pvt. Co. Ltd. The Security has been provided to the Company by SIS India Limited on the basis of tender which is a registered company. It has further been submitted that petitioner has been named by the informant merely because he is employee of APCO Infratech Pvt. Co. Ltd. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Gopalpur (Rangra) P.S. Case No. 32 of 2013, 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 learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
Patna High Court Cr.Misc. No.12770 of 2018 (2) dt.09-03-2018 3/3 liable to cancel his bail bond 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. (Sanjay Priya, J) S.Ali/- U T