Md. Chedi @ Md. Chhedi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1890 of 2019 Arising Out of PS. Case No.-610 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Chedi @ Md. Chhedi, aged about 20 years Male son of Md Khalil Resident of village Katihar More Abulah Nagar, P.S. Sadar, District Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Advocate For Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 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 Sadar P.S. Case No. 610 of 2018.

3. It is submitted that the petitioner has been falsely implicated only on the basis of extra-judicial confession of coaccused Navin Kumar Yadav except which there is no material to connect the petitioner with the alleged occurrence. The petitioner has neither been arrested on the spot nor any recovery has been made from possession of the petitioner. The petitioner claims clean antecedents.

4. 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, Purnea, in connection with Sadar P.S. Case

Patna High Court Cr.Misc. No.1890 of 2019(2) dt.15-01-2019 2/2 No. 610 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/Chandran U T