Indramani Prasad @ Law Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46192 of 2019 Arising Out of PS. Case No.-286 Year-2019 Thana- ALAMGANJ DistrictPatna ====================================================== INDRAMANI PRASAD @ LAW SAHNI Son of Sri Ram Balak Sahni Resident of Sandalpur, Police Station- Bahadurpur, District- Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar Mouar, Advocate.
For the Opposite Party:
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 323, 379, 386 & 506 of the Indian Penal Code registered in connection with Alamganj P.S. Case No. 286 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of admitted land dispute between two parties relating to measurement of boundary of the lands purchased by them and for providing common passage. There is considerable delay in institution of the F.I.R. on 18.04.2019 for the alleged occurrence of 09.02.2019. The petitioner has no concern with the land in question and merely he happens to be a friend of Binod Kumar whose wife is one of the purchasers of the land. It is further submitted that even on perusal of the F.I.R., the ingredients of Section 386 IPC are not made out in absence of delivery of the money. The accusation under Section 379 IPC is mere embellishment. The petitioner claims clean antecedents.
Patna High Court CR. MISC. No.46192 of 2019(2) dt.26-07-2019 2/2
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 Ist, Patna City, Patna in connection with Alamganj P.S. Case No. 286 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//- U T