Kedar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38108 of 2021 Arising Out of PS. Case No.-289 Year-2013 Thana- BIDUPUR District- Vaishali ====================================================== Kedar Singh Son of Yogendra Singh Resident of Village- Panapur, Bateshwar Nath, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vasant Vikas For the Opposite Party/s :

Mr. Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Bidupur P.S. Case No.289 of 2013, registered for the offences punishable under Sections 379 and 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the FIR. It is further submitted that though the case is of the year 2013 and the petitioner has been made accused in the present case on the confessional statement of the co-accused, but no incriminating article has been recovered from the conscious possession of the petitioner.

The learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.38108 of 2021(3) dt.08-04-2022 2/3 anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No.289 of 2013, subject to the conditions:

(1) Laid down under Section 438(2) of the Code of Criminal Procedure.

(2) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(3) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bond shall be liable to be cancelled.

(4) That the petitioner will mark his attendance in the local police station in the first week of every month till

Patna High Court CR. MISC. No.38108 of 2021(3) dt.08-04-2022 3/3 conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(5) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

(Anjani Kumar Sharan, J.) Sanjay/- U T