Suryavir Das @ Surajbir Das @ Suryavir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29735 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- PATORI District- Samastipur ====================================================== Suryavir Das @ Surajbir Das @ Suryavir Kumar, aged about 25 years (Male) Son of Baliram Das, Resident of village-South Dhamoun, Police StationPatori, District- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party :

Mr.J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302 and 34 of the Indian Penal Code registered in connection with Patori P.S. Case No. 46 of 2018.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the FIR. The suspicion has been raised against co-accused Ram Pukar Roy and Parmanand Roy with whom there was past enmity in the backdrop of cutting trees by the said co-accused persons. There is no objective material whatsoever to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.

4. Learned APP refers to the case diary and submits that the petitioner and the son of the deceased had brought a stolen motorcycle for which the petitioner was made to pay a fine of Rs. 25,000/-. In this backdrop, the petitioner was involved in the occurrence.

5. 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.29735 of 2019(3) dt.31-07-2019 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 Additional Chief Judicial Magistrate-IV, Samastipur in connection with Patori P.S. Case No. 46 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure 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.

(Vikash Jain, J) BT/- U T