Roman Kumar @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25970 of 2019 Arising Out of PS. Case No.-363 Year-2017 Thana- RAMNAGAR District- West Champaran ====================================================== ROMAN KUMAR @ SUNNY KUMAR S/o Vikram Gond, Resident of village- Sonkhar, P.S.- Ram Nagar, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-04-2019 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, 323, 337,427, 379, 153(A), 295, 295(A) and 296 IPC registered in connection with Ramnagar P.S. Case No. 363/2017.

3. It is submitted that the petitioner has been falsely implicated and the FIR has been instituted as many as 15 named and 1000 unknown persons. It is submitted that the petitioner is not named in the FIR and no overt act has been alleged against him. The petitioner's case stand on better footing than other FIR named accused persons, who have been granted anticipatory bail by this Court in Cr. Misc. No. 11581 of 2018. The petitioner is made accused in one other case being Ram Nagar P.S. Case No. 364/2017, which has been instituted for the same occurrence.

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

Patna High Court CR. MISC. No.25970 of 2019(2) dt.22-04-2019 2/2 SDJM, Bagaha, District West Champaran, in connection with Ramnagar P.S. Case No. 363/2017 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 co-operate 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. 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) Chandran/- U T