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2025 DAILYLAW 50335 (PAT)

Arun Kumar Azad @ Arun Rai v. The State of Bihar

CR. MISC./40432/2025 · 2025-07-15

S B P Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40432 of 2025 Arising Out of PS. Case No.-264 Year-2016 Thana- MALSALAMI District- Patna ====================================================== Arun Kumar Azad @ Arun Rai Son of Bal Krishna Ray Resident Of Simli Nawabganj, Ps -Malsalami, Dist- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Chandra Shekhar, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Malsalami P.S. Case No. 264 of 2016 for the offence under Sections 186, 283, 285 and 353 of the I.P.C. 3. The allegation against the petitioner is that he alongwith other co-accused persons were trying to disrupt the traffic by burning tyre on the road. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence as alleged by the informant. There is no specific allegation against the petitioner rather the allegations are general and omnibus in nature. The informant was not identifying the petitioner and on instruction of local person, the informant has mentioned the Patna High Court CR. MISC. No.40432 of 2025(2) dt.15-07-2025 2/3 name of the petitioner. Learned counsel further submits that similarly situated co-accused persons have been granted bail by the co-ordinate Bench of this Court vide order dated 10.05.2023 passed in Criminal Miscellaneous No. 9642 of 2023. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Patna city, Patna, in connection with Malsalami P.S. Case No. 264 of 2016 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. Patna High Court CR. MISC. No.40432 of 2025(2) dt.15-07-2025 3/3 (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T