Amit Kumar Sinha @ Amit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38182 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- PUWAKHALI District- Kishanganj ====================================================== Amit Kumar Sinha @ Amit Kumar Singh, Aged about 38 years Male Son of Sambhu Prasad Sinha Resident of Village - Bhorabhita, P.S.- Sukhani, District - Kishanganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Diwakar Sinha, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-06-2019 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, 323, 325, 307, 384, 386, 427, 504, 506 and 120(B) of the Indian Penal Code registered in connection with Pawakhali P.S. Case No. 10 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against as many as 18 named and 15 unknown persons. The accusations of assault are general and omnibus in nature without any specific accusation of assault attributed individually. It is further submitted that injuries resulting from the assault alleged against the petitioner are simple in nature. The petitioner claims clean antecedents.

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) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, 1, Kishanganj in connection with Pawakhali P.S.

Patna High Court CR. MISC. No.38182 of 2019(2) dt.27-06-2019 2/2 Case No. 10 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 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