Patna High CourtCR. MISC./28162/2015bail granted

Nitish Kumar v. The State Of Bihar

2015-07-28Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.28162 of 2015 (2) dt.28-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28162 of 2015 Arising Out of PS.Case No. -111 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Nitish Kumar son of Upendra Singh Resident of Village - Langadi Sarai, Police Station- Ghoshi, District Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Adv. For the Opposite Party/s : Mr. J. K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 420 of the Indian Penal Code registered in connection with Jehanabad P.S. Case No. 111 of 2013.

3. It is submitted that the petitioner has been falsely implicated at the instance of co-accused Anil Kumar. In any event it is further submitted that the offences under Sections 406 and 420 are in terms not made out against the petitioner.

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

Patna High Court Cr.Misc. No.28162 of 2015 (2) dt.28-07-2015 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, Jehanabad in connection with Jehanabad P.S. Case No. 111 of 2013=, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioner shall cooperate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T