Sajan Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24281 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- ALAMGANJ District- Patna ====================================================== Sajan Dom Age 26 years, male Son of Raju Babu @ Raju Ram @ Raju Dom Resident of Village-Nuranibagh Colony 5 B, P.S.- Alamganj, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Nityanand Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 395/397 of the Indian Penal Code registered in connection with Alamganj P.S. Case No. 51 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against 5-6 unknown. The petitioner's name has surfaced in course of investigation on the basis of the confessional statement of co-accused Shiva Kumar except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating goods has been made from conscious possession of the petitioner nor from his house. The petitioner claims clean antecedents.

4. Learned APP has not pointed out any objective material from the case diary.

5. 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)

Patna High Court CR. MISC. No.24281 of 2019(4) dt.19-07-2019 2/2 with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Patna City, District Patna in connection with Alamganj P.S. Case No. 51 of 2019, 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