Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23052 of 2019 Arising Out of PS. Case No.-49 Year-2016 Thana- SARAI District- Vaishali ====================================================== KRISHNA KUMAR, aged about 45 years, male, Son of Satya Narayan Singh Resident of Village - Mahaddichak, Madhopur, P.S.- Bihta, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajeev Ranjan No.II, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 379 of the Indian Penal Code registered in connection with Sarai P.S. Case No. 49 of 2016.

3. It is submitted that the petitioner who is the truck owner, has been falsely implicated along with the truck driver on the accusation that the two persons drove away with the truck loaded with sand kept seized in the police station. It is submitted that similarly situated co-accused Riteshwar Kumar @ Bhim Kumar who is the driver of the truck has been granted anticipatory bail by this Court in Cr. Misc. No. 20753 of 2019. 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-

Patna High Court CR. MISC. No.23052 of 2019(2) dt.12-04-2019 2/2 XIII, Vaishali at Hajipur in connection with Sarai P.S. Case No. 49 of 2016, 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