Ashok Kumar Sah @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55335 of 2018 Arising Out of PS.Case No. -227 Year- 2015 Thana -JAKKANPUR District- PATNA ====================================================== Ashok Kumar Sah @ Ashok Kumar, Son of Shankar Sah, resident of Village- Manik Chowk, Police Station- Runni Saidpur, District- Sitamarhi. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 409, 120 (B)/34 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Jakkanpur P.S. Case No. 227 of 2015.
3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Ram Prasad Bhagat, the neighbour. The thrust of accusations is against co-accused Satish Prasad against whom charge sheet has been submitted in the year 2015 itself. The petitioner is neither an employee of the concerned Bank nor named in the F.I.R. or in any way connected with the alleged
Patna High Court Cr.Misc. No.55335 of 2018 (2) dt.08-10-2018 2/3 occurrence. Petitioner has got one criminal antecedent of different nature.
4. Having regard to the entirety of the facts and circumstances, as such, 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 Smt. Supria Goswami, J.M., Patna, in connection with Jakkanpur P.S. Case No. 227 of 2015, 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 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
Patna High Court Cr.Misc. No.55335 of 2018 (2) dt.08-10-2018 3/3 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) N.H./- Chandran U T