Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22873 of 2019 Arising Out of PS. Case No.-619 Year-2018 Thana- MASAUDHI DistrictPatna ====================================================== SANJAY KUMAR, aged about 48 years, male, son of Late Ramesh Prasad Singh, Resident of Village- Nima, Police Station- Dhanarua in the District of Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prabhu Narayan Sharma, 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 147, 148, 149, 341, 323, 324, 325, 307, 337, 338, 332, 353, 153(A)/427 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3⁄4 of the Damage to Public Property Act registered in connection with Masaurhi P.S. Case No. 619 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 81 named and 250300 unknown persons. The name of the petitioner has subsequently transpired in course of investigation merely as being a member of mob. There is no overt act of any assault against the petitioner. 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

Patna High Court CR. MISC. No.22873 of 2019(2) dt.11-04-2019 2/2 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 Sub-Divisional Judicial Magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 619 of 2018, 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) 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T