Dwarika Roy @ Dwarik Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23015 of 2019 Arising Out of PS. Case No.-397 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Dwarika Roy @ Dwarik Roy, aged about 41 years, S/o Kawal Dhari Roy, Resident of village- Dariyapur, P.S.- Naubatpur, District - Patna, Bihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajit Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 448, 307, 504, 506 and 34 of the Indian Penal Code registered in connection with Naubatpur P.S. Case No. 397 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute between the parties, who are neighbours and in any event, injuries are simple in nature as evident from perusal of the order of learned Additional Sessions Judge-VI, Danapur dated 07.02.2019 passed in ABP No. 9224 of 2018. 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 Additional Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 397 of 2018, subject to the conditions as

Patna High Court CR. MISC. No.23015 of 2019(2) dt.11-04-2019 2/2 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.

(Vikash Jain, J) BT/- U T