Palavi Jhoshi/Prof. Arbind Kumar @ Arbind Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.50774 of 2015 (2) dt.09-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50774 of 2015 Arising Out of PS.Case No. -459 Year- 2015 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Palavi Jhoshi/Prof. Arbind Kumar @ Arbind Kumar son of Late Ramjee Prasad, resident of village- Gulariya Bigha, P.S.- Karai Parsurai, DistrictNalanda. At present Hilsa Station Road in the house of Late Ram Babu at Hilsa P.S.- Hilsa, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 420, 120(B) of the Indian Penal Code registered in connection with Hilsa P.S. Case No. 459 of 2015.

3. It is submitted that the petitioner has been falsely implicated as in fact an amount of Rs. 75,000/- has only taken as a loan from the informant which has since been duly paid on terms of cheque dated 10.08.2015 for Rs. 50,000/- and cheque dated 11.08.2015 for Rs. 25,000/- which has been encashed in the account of the informant.

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

Patna High Court Cr.Misc. No.50774 of 2015 (2) dt.09-11-2015 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, Hilsa, Nalanda in connection with Hilsa P.S. Case No. 459 of 2015 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioner shall cooperate with the investigation 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. (ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T