Jaikant Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2759 of 2019 Arising Out of PS. Case No.-172 Year-2018 Thana- KISHUNPUR DistrictSupaul ====================================================== Jaikant Sada aged about 46 years, Male, son of Dhirendra Sada @ Dhiro Sada, resident of village- Manjha, P.S. Kishanpur, District- Supaul ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 323, 324, 341, 307, 379, 447, 448, 504 and 506/34 of the Indian Penal Code registered in connection with Kishanpur P.S. Case No. 172 of 2018, G.R. No. 1314 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with land dispute and in any event the injury on the head of Anil Kumar attributed to the assault by the petitioner is simple in nature. 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 to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.2759 of 2019(2) dt.22-01-2019 2/2 Supaul/Incharge Successor Court in connection with Kishanpur P.S. Case No. 172 of 2018, G.R. No. 1314 of 2018, 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