Anugrah Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41169 of 2019 Arising Out of PS. Case No.-78 Year-2019 Thana- GWALPARA DistrictMadhepura ====================================================== ANUGRAH KUMAR S/o Sri Bhupendra Yadav R/o village- Jhitkia, P.S.- Gwalpara (Arar O.P.), District- Madhepura ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Praveen Kumar Agrawal, Advocate.

For the Opposite Party:

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-09-2019 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, 341, 323, 379, 385, 384, 506/34 of the Indian Penal Code registered in connection with Gwalpara (Arar) P.S. Case No. 78 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 10 persons. The accusations are general and omnibus without any specific accusation attributed individually. The accusations of theft is ornamental and has been added merely to grab to the case. The ingredients of Sections 384 and 385 IPC are not attracted in the absence of any accusation of demand been made much less of delivery of any manner. There is history of criminal cases instituted against each other between the parties as enumerated in paragraph-3 of the petition.

4. Be that as it may, in the event of the petitioner's

Patna High Court CR. MISC. No.41169 of 2019(3) dt.05-09-2019 2/2 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 Ist Class, Uda Kishunganj, Madhepura in connection with Gwalpara (Arar O.P.) P.S. Case No. 78 of 2019, subject to the conditions as laid down under Section 438 (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 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) Ibrar//- U T