Birendra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22569 of 2018 Arising Out of PS. Case No. -256 Year- 2017 Thana -RAGHOPUR District- SUPAUL ====================================================== Birendra Das, Son of Shiv Narayan Das, Resident of Village - Ram Bishanpur, P.S.- Raghopur, District- Supaul.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Salauddin Khan, Mr. Chandra Bhushan Das, Advocates For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 28.12.2017 in connection with Raghopur P.S. Case No. 256 of 2017 for the offences alleged under Sections 384, 504 and 506 of the Indian Penal Code and Section 66 of the I.T. Act
3. It is submitted that the petitioner has been falsely implicated and there is no recovery of any incriminating articles from the possession of the petitioner. Aadhaar Card and voter I.D. card recovered from him are of his own and not of the informant as inadvertently recorded in the order of the learned Sessions Judge dated 06.02.2018. It is submitted that as evident from the FIR itself, the motive of the informant was merely to get the benefit of Body Guard for which the present story has been made out. The petitioner claims clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the
Patna High Court Cr.Misc. No.22569 of 2018 (3) dt.26-04-2018 2/2 satisfaction of learned Additional Chief Judicial Magistrate, Birpur, in connection with Raghopur P.S. Case No. 256 of 2017, 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 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) 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.
B.T/Chandran (Vikash Jain, J) U T