Nand Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38062 of 2019 Arising Out of PS. Case No.-98 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Nand Kishor Singh, Aged about 30 years, Male, S/O- Late Ugrah Singh @ Ugrah Narayan Singh Resident of Village- Gangati, P.O.-Aurangabad, P.S.- Aurangabad Town, District- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner :

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

Mr.Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 295A, 333, 353, 153-A, 379 and 120B of the Indian Penal Code registered in connection with Aurangabad (T) P.S. Case No. 98 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against as many as 130 named and other unknown persons. The petitioner is not named in the FIR and as such no overt act has been alleged against him. The petitioner has been implicated merely on the basis of institution of several cases in which he has been made accused, all of which relates to the same occurrence. Similarly situated accused persons have been granted anticipatory bail by this Court vide order dated 20.09.2018 passed in Cr. Misc. No. 53357 of 2018.

4. 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 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.38062 of 2019(2) dt.25-06-2019 2/2 with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad (T) P.S. Case No. 98 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