Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31821 of 2019 Arising Out of PS. Case No.-360 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Bittu Kumar, aged about 25 years (Male), S/o Ajay Raut Resident of villageChakwai, P.S.- Warisaliganj, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr.Rajendra Pd. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 467, 468, 471, 419 and 34 of the Indian Penal Code registered in connection with Warisaliganj P.S. Case No. 360 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that some persons by collecting database of different people and duping them in the name of Lucky Draw collected huge amount. It is submitted that the name of the petitioner has transpired only on the statement of local villagers. No recovery of any incriminating articles has been made from the possession of the petitioner or from his house. Similarly situated co-accused Saurabh Kumar has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 08.01.2019 passed in Cr. Misc. No. 78302 of 2018. 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

Patna High Court CR. MISC. No.31821 of 2019(2) dt.15-05-2019 2/2 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, Nawada in connection with Warisaliganj P.S. Case No. 360 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.

BT/- (Vikash Jain, J) U T