Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42079 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== RATNESH KUMAR S/o Dinesh Prasad Resident of Village- Aagh Nagar, P.S.- Maniyari, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 392 IPC registered in connection with Kalyanpur P.S. Case No. 94/2018.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Lalit Kumar Sahani, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery has been made from the possession of the petitioner. The said co-accused Lalit Kumar Sahani has been granted bail by this Court in Cr. Misc. No. 62491 of 2018. 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 CJM, Samastipur in connection with Kalyanpur P.S. Case No. 94/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court CR. MISC. No.42079 of 2019(2) dt.11-07-2019 2/2 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. (Vikash Jain, J) Chandran/- U T