Satish Kumar Yadav @ Satish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73805 of 2024 Arising Out of PS. Case No.-382 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Satish Kumar Yadav @ Satish Son of Kulanand Yadav Resident o VillageJhunni Kala, Garhia Balua, PS- K. Nagar, District- Purnia ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shailendra Kumar R/O- Jhil Tola, Baghmara, P.O- Bela, P.S- K.Nagar, Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Jha, Advocate For the Opposite Party/s :

Mr.Bharat Bhushan, APP For the Complainant : Mr. Sumit Kumar Bhagat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-04-2025 Heard Mr.Rakesh Kumar Jha, learned counsel for the petitioner, learned counsel for opposite party No.2 and Mr.Bharat Bhushan, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No.382 of 2022, registered for the offences punishable under Sections 406,420,120(B),467,468 and 471 of IPC.

3. Allegation against the petitioner is of demanding bribe and he has deliberately not performed his duty.

4. Learned counsel appearing for the petitioner

2/4 submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offecne as alleged in the complaint petition. Petitioner is a Line Man in the office of Junior Electric Engineer, K. Nagar, Purnea. Learned counsel for the petitioner submits that the Junior Engineer has filed K.Nagar P.S.Case No.60 of 2022 against the complainant for committing theft of electric power. Thereafter, in retaliation, the complainant has filed the complaint case against the petitioner only to harass the petitioner and co-accused person, namely, Shyam Babu Sahu, who is Jr. Electric Engineer, has been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court vide order dated 11.01.2024 passed in Cr. Misc. No. 31532 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent and co-accused person, namely, Shyam Babu Sahu has been granted privilege of anticipatory bail by a Coordinate Bench of this Hon'ble Court, let the petitioner, above named, in the event of his arrest or surrender before the

3/4 court below within a period of thirty days from the date of receipt of the order, be released on 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, Purnea in connection with Complaint Case No.382 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

4/4 acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T