Patna High CourtCR. MISC./39548/2019disposed

Prabhat Kumar @ Prashant Kumar v. The State Of Bihar

2019-08-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39548 of 2019 Arising Out of PS. Case No.-503 Year-2018 Thana- MINAPUR District- Muzaffarpur ====================================================== PRABHAT KUMAR @ PRASHANT KUMAR Son of Ravindra Rai Resident of Village-Morsar Ratan, Police Station-Minapur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Ms.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 414 of the Indian Penal Code registered in connection with Minapur P.S. Case No. 503 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation of theft of 35 sewing machines recovered from the poultry farm of co-accused Rabindra Rai. The petitioner has been implicated merely because he happens to be the son of the said Rabindra Rai and no specific overt act has been alleged against him. In any event the poultry farm had been let out by the petitioner's father for a period of five years to one Smt. Gangia Devi almost ten months prior to the date of occurrence in terms of the rent agreement dated 01.06.2018 (Annexure-2). The petitioner claims clean antecedents.

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 bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount

Patna High Court CR. MISC. No.39548 of 2019(4) dt.22-08-2019 2/2 each to the satisfaction of learned CJM, Muzaffarpur in connection with Minapur P.S. Case No. 503 of 2018, 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 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. (v) The petitioner shall produce the original rent agreement dated 01.06.2018 (Annexure-2) before the learned Court below for verification.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification about the genuineness of the rent agreement dated 01.06.2018 (Annexure-2). If it is found unverifiable, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T