Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8364 of 2016 Arising Out of PS.Case No. -151 Year- 2015 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amod Kumar, Son of Nandlal Rai, Resident of Village- Bakhri, P.S.- Minapur, District- Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashi Bhushan Singh, Advocate For the State : Mr. Rajendra Prasad Nat, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379 and 411 of the Indian Penal Code registered in connection with Mehsi P.S. Case No.151 of 2015.

3. It is submitted that the petitioner has been falsely implicated on the extra judicial confessional statement of coaccused Amod Kumar, who was apprehended on the spot. No incriminating articles have been recovered from the petitioner.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or surrender before the court below within six weeks from the date

Patna High Court Cr.Misc. No.8364 of 2016 (2) dt.18-04-2016 2/2 of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, East Champaran (Motihari) in connection with Mehsi P.S. Case No.151 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) The petitioner shall co-operate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./- U T