Ramkeshwar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77020 of 2018 Arising Out of PS. Case No.-151 Year-2017 Thana- PARAIYA District- Gaya ====================================================== Ramkeshwar Das Son of Kuldip Das, Resident of Village- Bansraj Bigaha, P.S.- Paraiya, District- Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prithivi Raj Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 149, 341, 323, 302 and 504 of the Indian Penal Code registered in connection with Paraiya P.S. Case No. 151 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against other coaccused persons. The accusation against the petitioner is general and omnibus in nature. Similarly situated co-accused persons Jatan Das and Pintu Das @ Kail Das have been granted anticipatory bail by this Court in Cr. Misc. No. 47607 of 2018. The petitioner claims clean antecedents.

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 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

Patna High Court Cr.Misc. No.77020 of 2018(2) dt.16-01-2019 2/2 to the satisfaction of Smt. Shefali Naray, learned Judicial Magistrate Ist Class, Gaya in connection with Paraiya P.S. Case No. 151 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