Udit Shankar Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.50088 of 2015 (2) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50088 of 2015 Arising Out of PS.Case No. -415 Year- 2013 Thana -ARA NAWADA District- BHOJPUR ====================================================== Udit Shankar Prasad Son of Late Uma Shankar Prasad, Resident of Mohalla- Mansa Pandey Bag, Ara, P.S. Ara Nagar, District- Bhojpur at Ara (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mritunjay Kumar,Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 420, 467, 468, 419, 120(B) of the Indian Penal Code registered in connection with Ara Nawada P.S. Case No. 415 of 2013 (G.R. No. 4888 of 2013).

3. It is submitted that the petitioner has been falsely implicated and in any event the offences in question involves pure civil dispute as evident from Title Suit No. 1153 of 2013 filed at the instance of the Government of Bihar before the learned Sub Judge I, Ara, Bhojpur. The other co-accused Harendra Dubey as well as Md. Ali Jahan @ Md. Ali Jain have been granted anticipatory bail by this Court.

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.50088 of 2015 (2) dt.04-11-2015 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S. Case No. 415 of 2013 (G.R. No. 4888 of 2013) 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