Jay Prakash @ Lambu v. The State Of Bihar
Patna High Court Cr.Misc. No.50820 of 2015 (2) dt.06-11-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50820 of 2015 Arising Out of PS.Case No. -197 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Jay Prakash @ Lambu son of Sukhari Yadav, R/o village Dewakali, P.S. Durgawati, District Kaimur at Bhabua.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2015 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, 148, 149, 341, 323, 307, 427, 353, 333 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Durgawati P.S. Case No. 197 of 2015.
3. It is submitted that the petitioner has been falsely implicated on the basis of general and omnibus accusations and no specific assault has been attributed nor specific role assigned to the petitioner. The accusations implicating the petitioner are improbable considering that there was a mob of about 400 to 500 persons. Petitioner claims clean criminal antecedent.
4. Having regard to the entirety of the facts and
Patna High Court Cr.Misc. No.50820 of 2015 (2) dt.06-11-2015 circumstances of the case, 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 Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Durgawati P.S. Case No. 197 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :
(i) The petitioner shall cooperate with the investigation 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.
(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Md. Ibrarul/- U T