Patna High CourtCR. MISC./2102/2018bail granted

Suraj Kumar v. The State Of Bihar

2018-01-15Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.2102 of 2018 (2) dt.15-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2102 of 2018 Arising Out of PS.Case No. -197 Year- 2017 Thana -ARWAL District- JEHANABAD ====================================================== Suraj Kumar, Son of Amarnath Prasad, Resident of Purani Arwal, P.S.- Arwal, District-Arwal .... .... Petitioner

Versus

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

For the Petitioner : Mr. Anita Kumari Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.11.2017 in connection with Arwal P.S. Case No. 197 of 2017 for the offences alleged under Sections 147, 148, 149, 295A, 153A, 504, 506, 427, 448, 379 and 336 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion. The accusations in the F.I.R. are general and omnibus against as many as 250 unknown persons and 34 named persons including the petitioner and also accused persons namely Rahul Kumar, Suraj Kumar and Subodh Kumar, all three of whom similarly situated have been granted anticipatory bail by this Court in Cr. Misc. No. 60160 of 2017. The petitioner claims clean antecedents except Arwal P.S. Case No. 198 of 2017 which had been instituted for the same occurrence.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.2102 of 2018 (2) dt.15-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No. 197 of 2017, on the following 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 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) 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) Md. Ibrarul/- U T