Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76942 of 2018 Arising Out of PS. Case No.-164 Year-2017 Thana- HUSSAINGANJ DistrictSiwan ====================================================== Harendra Singh Son of Motor Singh, Resident of Village- Sadikpur, Police Station- Goreakothi, District- Siwan.

... ... Petitioner

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Petitioner :

Mr. Ashok Kumar, Advocate.

For the Respondent :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 419, 406, 467, 468, 471, 34 of the Indian Penal Code registered in connection with Hussainganj P.S. Case No. 164 of 2017.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the father of Sudhanshu Saurav in whose account the money was deposited. Co-accused Gautam Sah who is said to have introduced the informant to the petitioner and his son Sudhanshu Saurav has been granted anticipatory bail by this Court in Cr. Misc. No. 36753 of 2018. The only other case in which the petitioner is accused has been instituted on the same day for the same occurrence.

4. Be that as it may, 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

Patna High Court Cr.Misc. No.76942 of 2018(2) dt.15-01-2019 2/2 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, Siwan in connection with Hussainganj P.S. Case No. 164 of 2017, 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) 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) Ibrar/ U T