Abhinav Kumar @ Chhote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6801 of 2019 Arising Out of PS. Case No.-672 Year-2018 Thana- DEHRI TOWN DistrictRohtas ====================================================== Abhinav Kumar @ Chhote aged 20 years, Male, Son of Ashok Kumar Thakur @ Ashok Tahkur Resident of Village/Mohalla- Mathurapur Colony, P.S.- Dehri (Dalmiyanagar), District- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379/34 of the Indian Penal Code registered in connection with Dehri (Nagar) (Dalmiyanagar) P.S. Case No. 672 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner is a nephew of the informant. It is evident from the penal provisions invoked that the injury is simple in nature. The accusation of theft is mere an embellishment. The petitioner claims clean antecedents.

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 Sub-Divisional Judicial Magistrate,

Patna High Court Cr.Misc. No.6801 of 2019(2) dt.06-02-2019 2/2 Dehri, Rohtas in connection with Dehri (Nagar) (Dalmiyanagar) P.S. Case No. 672 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