Patna High CourtCR. MISC./6564/2017bail granted

Ashwani Kumar v. The State Of Bihar

2017-02-22Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.6564 of 2017 (2) dt.22-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6564 of 2017 Arising Out of PS.Case No. -610 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Ashwani Kumar, Son of Arun Kumar, Resident of village - Haripur, Ward No. 02, Police Station Forbesganj, District - Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjeet Kumar Singh,Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 17.11.2016 in connection with Forbesganj (Simraha) P.S. Case No. 610 of 2016 for the alleged offences under Sections 419, 420, 384 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and even according to the allegations in the FIR the offences under the penal Sections are not made out. Nothing incriminating has been recovered from the possession of the petitioner and the seized motor cycle is claimed to be the petitioner's own. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.6564 of 2017 (2) dt.22-02-2017 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, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 610 of 2016 on the following 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 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) 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. (Vikash Jain, J) Chandran/BT U T