Lalan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8039 of 2019 Arising Out of PS. Case No.-915 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Lalan Bhagat, son of Late Jamuna Sah @ Jamuna Prasad Sah Resident of Village- Dhamsaini, P.S.-Saharsa, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 406, 34 IPC registered in connection with Saharsa Sadar P.S. Case No. 915/2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the father of Kumod Kumar @ Munna Bhagat, who was the Manager of the concerned PACS and no specific allegation whatsoever has been made against the petitioner. The petitioner has been made accused in one prior case of different nature.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa Sadar P.S. Case No. 915/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the

Patna High Court Cr.Misc. No.8039 of 2019(2) dt.13-02-2019 2/2 following further conditions:

i. That one of the bailors shall be a close relative of the petitioner.

ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T