Dilendra Rishidev v. The State Of Bihar

Patna High Court Cr.Misc. No.6567 of 2018 (2) dt.15-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6567 of 2018 Arising Out of PS.Case No. -269 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Dilendra Rishidev S/o Umakant Rishidev, R/o Village- Gadhaha Rampur, P.S.- Shankarpur, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kuldeep Kumar, Adv For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.08.2017 in connection with Triveniganj P.S. Case No. 269 of 2017 for the alleged offences under Sections 379 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of cloth said to be stolen from the shop of the informant. It is submitted that as a matter of fact the petitioner as well as the informant are set up their respective shops at the fair in the village and there was petty quarrel between them earlier leading to false implication of the petitioner out of business rivalry. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and considering the period of custody undergone since 21.08.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court Cr.Misc. No.6567 of 2018 (2) dt.15-02-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional C.J.M., Supaul, in connection with Triveniganj P.S. Case No. 269 of 2017 on the following 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) 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) Chandran/BT U T