Bittu Kumar @ Vaibhav Vardhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30748 of 2018 Arising Out of PS. Case No.-18 Year-2018 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Bittu Kumar @ Vaibhav Vardhan S/o Mritunjay Singh R/o Vill - Maheshwara, P.S. - Naokothi, Dist - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sahebpur Kamal P.S. case no. 18 of 2018 instituted for the offence under Section(s) 420, 467, 468, 414, 279, 304 (A), 304 and 120B of the Indian Penal Code and Section 30(a), 32, 27, 41(1) of the Bihar Prohibition and Excise Act, 2016.

It is submitted that there is no recovery from the possession of the petitioner. In the written report, it is alleged that one Baudhu Kumar was apprehended by the police and he

Patna High Court Cr.Misc. No.30748 of 2018(2) dt.24-05-2018 2/3 disclosed the name of this petitioner and several other persons before the police. It is further submitted that some of the accused of this case whose names have been disclosed by said Baudhu Kumar have already been granted anticipatory by a Co-ordinate Bench of this Court vide order dated 3.5. 2018 passed in Cr. Misc. no. 27234 of 2018.

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 Sahebpur Kamal P.S. case no. 18 of 2018 , 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 Additional Sessions Judge-II-cum-special Judge, Excise Act, Begusarai, 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

Patna High Court Cr.Misc. No.30748 of 2018(2) dt.24-05-2018 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T