Ved Prakash @ Babunee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8331 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== VED PRAKASH @ BABUNEE Son of Sri Ram Nath Singh Resident of Village and P.O.-Bara, P.S. Nabinagar, Dist. Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Mishra For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 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, 324, 326, 379, 504 and 34 IPC registered in connection with Nabinagar P.S. Case No. 293 of 2018 (GR No. 1820/2018).
3. It is submitted that the petitioner has been falsely implicated and there is case and counter case between the parties. The FIR has been instituted against as many as 3 named and 5-7 unknown persons. The accusation of assault by the petitioner with scissors on the face of the informant is not corroborated in absence of any injury report on record. 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 CJM, Aurangabad, in connection with Nabinagar P.S. Case No. 293 of 2018 (GR No. 1820/2018), subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further
Patna High Court Cr.Misc. No.8331 of 2019(2) dt.13-02-2019 2/2 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 co-operate 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. v. The learned court below shall satisfy itself that there is no injury report to corroborate the accusation of assault by the petitioner with scissors on the face of the informant.
(Vikash Jain, J) Chandran/- U T