Deepnarayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79694 of 2018 Arising Out of PS. Case No.-239 Year-2018 Thana- BARHARA DistrictBhojpur ====================================================== Deepnarayan Singh son of Late Rangnath Singh, resident of VillageBerath, P.S.- Chauri, District-Bhojpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 409, 34 IPC registered in connection with Barahara P.S. Case No. 239 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the Junior Engineer posted in PHED, Sub Division, Barahara since 04.08.2009 to 22.08.2013 and has since superannuated in September, 2016. The FIR has been instituted two years after his superannuation and without any material details with respect to the complaint. Similarly situated co-accused have been granted bail by this Court in Cr. Misc. No. 72987 of 2018 and Cr. Misc. No. 3013 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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

Patna High Court Cr.Misc. No.79694 of 2018(2) dt.25-01-2019 2/2 CjM, Bhojpur at Ara, in connection with Barahara P.S. Case No. 239 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 co-operate 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. 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) Chandran/- U T