Upendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5285 of 2017 Arising Out of PS.Case No. -60 Year- 2008 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Upendra Singh, Son of Late Hridya Narayan Singh, Resident of Village - Ataula, P.S. - Paliganj, District - Patna.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh Mr. Ranjay Kumar Singh For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 The petitioner is apprehending his arrest in connection with Jehanabad Complaint Case No. 60 of 2008, registered for offences punishable under Sections 409, 420 and 384 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that for the same occurrence another F.I.R has been lodged and the allegation against the petitioner he has taken Rs. 60,000/- for the tractor but has not handed over the same to the complainant and so far the appearance of the petitioner in court below, it has been submitted that neither summon nor any bailable or non bailable warrant was ever issued against the petitioner. Heard learned A.P.P. also.

Having heard both sides, from perusal of record it

Patna High Court Cr.Misc. No.5285 of 2017 (3) dt.17-02-2017 2/3 appears that earlier the bailable warrant was issued on 30.09.2010 and also a non bailable warrant was also issued on 08.02.2013 against the petitioner, however the petitioner did not turn up. On merit of the case only general and omnibus allegation has been levelled against this petitioner, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-III, Jehanabad in connection with Complaint Case No. 60 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to the condition:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before

Patna High Court Cr.Misc. No.5285 of 2017 (3) dt.17-02-2017 3/3 the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T