Navendu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31525 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -BAHADURPUR District- PATNA ======================================================

1. Navendu Kumar, son of Shri Virendra Kumar, resident of villageDumari, P.S. Ghosi, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rama Kant Sharma, Sr. Advocate with Md. Shakir Ahmad, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Bahadurpur P.S. Case No.134 of 2016 instituted for the offence under Section(s) 143, 149, 353, 120-B, 504, 511 Indian Penal Code and Section 4/5 of the Explosive Substance Act.

It is alleged in the written report that the informant got information that some antisocial have assembled on the roof of Saidpur Hostel No.1 and are making preparation to commit crime. The police reached the place of occurrence and found some persons running away. The police seized mobiles and some articles, which were presumed to be used in making bomb. Petitioner is not named in the First Information Report. It is alleged against the petitioner that one of the SIM of recovered mobiles was in the name of this petitioner. Besides

Patna High Court Cr.Misc. No.31525 of 2017 (2) dt.17-07-2017 2/2 such material as appear from the impugned order, there is no allegation of any specific overt act against the petitioner. It is mentioned in para 3 of the petition that the petitioner has clean antecedents.

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 Bahadurpur P.S. Case No.134 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Patna, 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 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.