Birendra Kumar @ Birendra Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69202 of 2018 Arising Out of PS. Case No.-21 Year-2018 Thana- CHUTIA SAHAYAK District- Rohtas ====================================================== Birendra Kumar @ Birendra Mehta Son of Awadhsh Mehta Resident of Village-Tihra, P.S. Chutiya, District -Rohtas ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajesh Kumar Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-01-2019 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, 504, 506, 307 and 354/34 of the Indian Penal Code registered in connection with Chutiya P.S. Case No. 21 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in any event, the injury, sustained by Niraj Mehta son of the informant, attributed to the petitioner 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 Smt. Aditi Gupta, learned Judicial Magistrate, 1st Class, Dehri-on-Sone, Rohtas in connection with Chutiya P.S. Case No. 21 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions--

Patna High Court Cr.Misc. No.69202 of 2018(3) dt.18-01-2019 2/2 (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/Chandran U T