Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38159 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== AMIT KUMAR S/o Puna Chaudhary R/o Mohalla- Naya Tola, P.S.- Jehanabad, District- Jehanabad ... ... Petit ioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 386, 342, 323, 308, 379, 34, 385 IPC registered in connection with Jehanabad P.S. Case No. 34 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the accusation of demanding extortion is on coaccused Jitu Kumar while specific accusation of assault is against other co-accused persons Jitu Kumar, Lav Kush and Punna Choudhary and co-accused Mona Devi is said to have snatched the golden chain and golden articles. There is no injury report on record to substantiate the accusation of assault.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM, Jehanabad in connection with Jehanabad P.S. Case No. 34 of 2019 subject to the conditions as laid down under Section 438(2)

Patna High Court CR. MISC. No.38159 of 2019(2) dt.26-06-2019 2/2 Cr.P.C. and also subject to the following 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 co-operate 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) 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.

5. The provisional bail granted to the petitioner shall be confirmed upon verification that the injuries sustained to the informant's side is not grievous in nature. In case the petitioner's claim fails upon verification, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T