Saintey Dixhit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29861 of 2019 Arising Out of PS. Case No.-444 Year-2018 Thana- KADAMKUAN DistrictPatna ====================================================== SAINTEY DIXHIT, male, aged about 26 years, Son of Sri Umesh Kumar Dixhit Resident of Mohalla- Kajipur, Police Station- Kadam Kuan, District and Town- Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Birendra Sharma, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 323, 325, 341, 379/34 of the Indian Penal Code registered in connection with Kadam Kuan P.S. Case No. 444 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of an earlier F.I.R. vide Kadam Kuan P.S. Case No. 440 of 2018 was against the brother of the present informant under the provisions of the Bihar Prohibition and Excise Act. The accusation of assault is upon other co-accused persons and not against the present petitioner. There is delay in instituting the F.I.R. on 31.07.2018 for the alleged occurrence of 29.07.2018. There is also no material to indicate that the injuries are grievous in nature.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.29861 of 2019(3) dt.01-08-2019 2/2 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 Additional Chief Judicial MagistrateVII, Patna in connection with Kadam Kuan P.S. Case No. 444 of 2018, 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 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. (iv) 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.

(Vikash Jain, J) Ibrar//- U T