Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36175 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Sujit Kumar S/o Awadhesh Ram, resident of village - Chandaura, P.S. Kako, District - Jehanabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Singh, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2016 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, 307, 504, 379 and 34 of the Indian Penal Code registered in connection with Kako P.S. Case No. 60 of 2016.

3. It is submitted that the petitioner has been falsely implicated in retaliation to an earlier First Information Report in Kako P.S. Case No. 46 of 2016 dated 04.04.2016 in which the informant's side had been made accused. From the order of learned Sessions Judge it is apparent that there is no injury report available in the case diary. The petitioner claims clean antecedents.

Patna High Court Cr.Misc. No.36175 of 2016 (2) dt.05-09-2016

4. Having regard to the entirety of the facts and circumstances, 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 Chief Judicial Magistrate, Jehanabad in connection with Kako P.S. Case No. 60 of 2016, 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) 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.

(iii) 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/Ibrar U T