Chandrashekhar Azad v. The State Of Bihar

Patna High Court Cr.Misc. No.53893 of 2018 (3) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53893 of 2018 Arising Out of PS.Case No. -142 Year- 2018 Thana -GARDANIBAG District- PATNA ====================================================== Chandrashekhar Azad Son of Ganauri Paswan Resident of VillageBhikhachak, Naharpar, P.S. Gardanibagh, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dr. Shraddhanand Paswan, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 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, 379, 504,34 of the Indian Penal Code registered in connection with Gardanibagh P.S. Case No. 142 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the accusations on the face of it are improbable. The petitioner is none other than one of the sons of the informant and the F.I.R has been instituted in the backdrop of family disputes. Similarly situated co-accused Sunil Kumar Azad and Sanskriti Devi have been granted anticipatory bail by this Court in Cr. Misc. No. 43107 of 2018.

4. Be that as it may, having regard to the entirety of the facts and 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

Patna High Court Cr.Misc. No.53893 of 2018 (3) dt.20-09-2018 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 Sub-Judge-XIV-cum-A.C.J.M., Patna in connection with Gardanibagh P.S. Case No. 142 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) 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) 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) Md. Ibrarul/- U T