Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80584 of 2018 Arising Out of PS. Case No.-612 Year-2018 Thana- AHIYAPUR DistrictMuzaffarpur ====================================================== Ravi Kumar son of Nevalal Sah, Resident of village - Shimari Basant, P.S.- Hathauri, District- Buxar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mukesh Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 419, 420, 406/34 of the Indian Penal Code registered in connection with Ahiyapur P.S. Case No. 612 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner is the brother-in-law of the informant. The thrust of accusation of receiving Rs. 3,35,000/- is on co-accused Devashish Gyan providing job of Nurse in the Railway. It is submitted that the alleged transaction with an illegal object was incapable of performance. The petitioner has not received any money from the informant.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six

Patna High Court Cr.Misc. No.80584 of 2018(2) dt.28-01-2019 2/2 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 Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 612 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) 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) 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