Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.561 of 2019 Arising Out of PS. Case No.-145 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== Manish Kumar, age about 35 years, Male, Son of Sharma Rai, Resident of Village- Bangra Muza, Police- Station- Deoria, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 356, 379, 354/34 of the Indian Penal Code registered in connection with Deoria P.S. Case No. 145 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of a dispute that the petitioner's father, who was a Guard of the Forest Department, had earlier desisted the informant's husband from cutting green trees from the road side and selling the same. The petitioner claims clean antecedents. In any case and without prejudice, the petitioner expresses his readiness to deposit 1/4th of the amount of Rs. 43,700/- said to have been snatched from the informant.

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 provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Ms. Priti Kumari, learned Judicial Magistrate, 1st

Patna High Court Cr.Misc. No.561 of 2019(2) dt.31-01-2019 2/2 Class, Muzaffarpur in connection with Deoria P.S. Case No. 145 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions - (i) That the provisional bail granted to the petitioner shall be confirmed on the condition that the petitioner shall deposit 1/4th of the amount said to have been snatched from the informant i.e. Rs. 10,925/- in the court below, which shall abide by the final result of the trial.

(ii) That one of the bailors shall be a close relative of the petitioner.

(iii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(vi) That 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. (v) That 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.

BT/Chandran (Vikash Jain, J) U T