Hitendra Kushwaha @ Hitendra Singh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51142 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BAIRIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. HITENDRA KUSHWAHA @ HITENDRA SINGH KUSHWAHA S/o Ramashray Kushwaha, R/o Vill.- Gambhirpur, P.S.- Bairiya, Distt.- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 The petitioner is apprehending his arrest in connection with Bairiya P.S. Case No. 14/2018, registered for offences punishable under Sections 379 and 409 of the Indian Penal Code. Allegation as per F.I.R. is that a boat was given to one Bhannu Prasad from the Anchal Office for the help for flood victims and the petitioner is said to be the guarantor of the same. Submission of learned counsel for the petitioner is that there is no paper available to show that the petitioner is a guarantor and rather he was only an Identifier of the same and the boat has been lost by Bhannu Prasad and for that the petitioner cannot be made responsible.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.51142 of 2018 (2) dt.05-09-2018 2/2 circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IVth, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 14/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T