Manish Dayal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37217 of 2019 Arising Out of PS. Case No.-68 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Manish Dayal, Gender Male, aged about 44 years, Son of Late B. Dayal Resident of 141, A.P. Colony, P.S.- Rampur, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Thakur, Mr. Amaresh Kumar Sinha, Advocates For the Opposite Party :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 467, 468, 471 and 120B/34 of the Indian Penal Code registered in connection with Lakhisarai P.S. Case No. 68 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, after due investigation, police has submitted final form and the petitioner has not been sent up for trial. It is submitted that there is no irregularity in the matter of supply of requisite materials by the petitioner. Co-accused Sunil Kumar has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 29.04.2019 passed in Cr. Misc. No. 27985 of 2019.

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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai

Patna High Court CR. MISC. No.37217 of 2019(2) dt.05-07-2019 2/2 P.S. Case No. 68 of 2018, subject to the 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.

(Vikash Jain, J) BT/- U T