Bikau Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42939 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- SHEOHAR District- Sheohar ====================================================== Bikau Sah (Male) aged about 39 Years, Son of Late Ramagya Sah Resident of Village- Sheohar, P.S.- Sheohar, District- Sheohar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 308, 379 and 34 of the Indian Penal Code registered in connection with Sheohar P.S. Case No. 251 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of a dispute relating to the measurement of land and both the parties are co-villagers. The accusation of assault against the accused persons is general and omnibus in nature and no specific overt has been alleged against the petitioner. The injury sustained by the informant is simple in nature. 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 Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S.

Patna High Court CR. MISC. No.42939 of 2019(2) dt.12-07-2019 2/2 Case No. 251 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/- U T