Prince Chaudhary@ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22044 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- HATHUA District- Gopalganj ====================================================== Prince Chaudhary @ Prince Kumar, aged 18 years, (Male) Son of Arvind Chaudhary Resident of Village- Chhota Koirauli, P.S.- Hathua, DistrictGopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Naresh Chandra Verma, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 324, 379, 504, 427, 447 and 307 of the Indian Penal Code registered in connection with Hathua P.S. Case No. 165 of 2018.

3. It is submitted that the petitioner has been falsely implicated as there is case and counter case between the parties. On perusal of the first information report it is clear that there is no accusation of assault whatsoever alleged against the petitioner. The accusation of snatching of mobile phone and cash is mere embellishment. 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 Chief Judicial Magistrate, Gopalganj in connection with Hathua P.S.

Patna High Court CR. MISC. No.22044 of 2019(2) dt.08-04-2019 2/2 Case No. 165 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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 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. (iv) 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.

BT/- (Vikash Jain, J) U T