Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8980 of 2017 Arising Out of PS. Case No. -501 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Arjun Kumar, Son of Mahendra Roy, Resident of Village - Sain Brijlal, P.S. - Kanti, District - Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Abhay Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420, 467, 504, 506 and 34 of the Indian Penal Code registered in connection with Kanti P.S. Case No. 501 of 2016.
3. It is submitted that the petitioner has been falsely implicated as he was merely an agent of Kolkata Weir Industries Limited in which the informant and other persons had made deposit. As a matter of fact, the petitioner himself is a victim, having deposited Rs. 30,000/- in the said Company. Further, a PIL being CWJC No. 16842 of 2014 impleading the said Company as respondent is pending before this Court. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, 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 bonds of Rs.10,000/- (ten
Patna High Court Cr.Misc. No.8980 of 2017 (2) dt.15-03-2017 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, (West), Muzaffarpur in connection with Kanti P.S. Case No. 501 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) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii)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.
(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) B.T/psc U T