Niraj Kumar @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5850 of 2019 Arising Out of PS. Case No.-380 Year-2018 Thana- AGAMKUAN DistrictPatna ====================================================== Niraj Kumar @ Karu (M) aged about 24 years, Son of Arvind Singh Resident of village-Bagodar, Police Station- Hisua, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 419, 420, 467, 468, 471, 379/34 of the Indian Penal Code registered in connection with Agamkuan P.S. Case No. 380 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of Murari Kumar Pandey and Dhananjay Kumar, except which there is no other material to connect the petitioner with the alleged occurrence. Similarly situated co-accused Gautam Kumar as well as the owner of the vehicle Manoj Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 10323 of 2019 and Cr. Misc. No. 6092 of 2019 respectively. 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

Patna High Court CR. MISC. No.5850 of 2019(2) dt.07-03-2019 2/2 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 Additional Chief Judicial Magistrate, Patna City in connection with Agamkuan P.S. Case No. 380 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) 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. (iv) 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.

(Vikash Jain, J) Ibrar/BT U T