Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2255 of 2019 Arising Out of PS. Case No.-331 Year-2015 Thana- MASHRAK DistrictSaran ====================================================== Bhim Singh aged about 29 years (male), son of Paspati Singh resident of village- Bansohi, P.S. Mashrak, District - Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Awadhesh Kumar Singh, Advocate.

For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379 and 411 of the Indian Penal Code registered in connection with Masrakh P.S. Case No. 331 of 2015.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact he had purchased the battery bona fidely after payment of consideration amount of Rs. 3,000/- to Teras Mahto. Upon coming to know about the dubious nature of sale, the petitioner returned the battery to Teras Mahto. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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

Patna High Court Cr.Misc. No.2255 of 2019(2) dt.17-01-2019 2/2 to the satisfaction of learned Additional Chief Judicial MagistrateVIth, Saran at Chapra in connection with Masrakh P.S. Case No. 331 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the 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) The petitioner shall cooperate 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) Ibrar/BT U T