Dharmendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55325 of 2018 Arising Out of PS.Case No. -1050 Year- 2015 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Dharmendra Kumar, Son of Chandra Bhushan Prasad, Resident of Mohalla- Plot No. 8 H/6, Road No. 20, Sector No. -8, Bahadurpur Housing Colony, P.S.- Agamkuan, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shafi Ahmad, Son of Late Naiemudin, Director of New Era High School, Hanuman Nagar, Resident of Mohalla- State Bank Officer Colony, House No. 18, P.S. Patrakar Nagar, P.S. Hanuman Nagar, District- Patna.

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

For the Petitioner/s : Mr. Kumar Mritunjay Narain, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 379 and 420 of the Indian Penal Code registered in connection with Complaint Case No. 1050 of 2015.

3. It is submitted that the petitioner has been falsely implicated in a dispute relating to lease agreement, which is in essence of civil nature. Petitioner claims clean antecedent.

4. Learned APP assisted by learned counsel for the informant appearing suo motu opposes the bail petition.

Patna High Court Cr.Misc. No.55325 of 2018 (2) dt.08-10-2018 2/2

5. Having regard to the entirety of the facts and circumstances, as such, 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 A.C.J.M. II, Patna City, in connection with Complaint Case No. 1050 of 2015, 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) 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) N.H./- Chandran U T