Ganesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22078 of 2019 Arising Out of PS. Case No.-276 Year-2017 Thana- BISFI District- Madhubani ====================================================== Ganesh Das aged about 40 years (male) son of Late Sewak Das R/o villageSingiyagot, P.S.- Bisfi, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate For the Opposite Party :

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 447, 341, 323, 324, 354, 379, 504 of the Indian Penal Code registered in connection with Bisfi P.S. Case No. 276 of 2017.

3. It is submitted that the petitioner has been falsely implicated and in any event, the injuries sustained by the informant's son Mohit Kumar Das attributed to assault by the petitioner are simple nature. The accusation against the petitioner under Section 354 of the IPC 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 Additional Chief Judicial Magistrate, Benipatti, Madhubani in connection with Bisfi P.S. Case No. 276 of 2017, subject to the

Patna High Court CR. MISC. No.22078 of 2019(2) dt.08-04-2019 2/2 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