Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41989 of 2019 Arising Out of PS. Case No.-285 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== UTTAM KUMAR, aged about 20 years, male, S/o Sri Baban Singh R/o village- Bhajour, P.S.- Bhagwanganj, District- Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dilip Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 405, 406, 420 of the Indian Penal Code and Section 66(A)/66(D) of the I.T. Act registered in connection with Ram Krishna Nagar P.S. Case No. 285 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely on the confessional statement of co-accused, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating articles has been made from the possession of the petitioner. 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 Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.41989 of 2019(2) dt.10-07-2019 2/2 XIII, Patna in connection with Ram Krishna Nagar P.S. Case No. 285 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/BT U T