Patna High CourtCR. MISC./53895/2018bail granted

Munmun Sah v. The State Of Bihar

2018-09-20Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.53895 of 2018 (3) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53895 of 2018 Arising Out of PS.Case No. -243 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Munmun Sah Son of late Gautam Sah Resident of Village- Harpur @ Harpur Karak, P.S. Baniyapur, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar Singh 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 323, 420, 467, 468 and 471 of the Indian Penal Code registered in connection with Baniyapur P.S. Case No. 243 of 2016.

3. It is submitted that the petitioner has been falsely implicated in connection with a transaction of civil nature. Similarly situated co-accused Gautam Sah and Pintu Sah have been granted anticipatory bail by this Court in Cr. Misc. No. 41401 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 named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.53895 of 2018 (3) dt.20-09-2018 to the satisfaction of learned Additional Chief Judicial Magistrate, Chapra in connection with Baniyapur P.S. Case No. 243 of 2016, 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