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Patna High CourtCR. MISC./8344/2016bail granted

Arbind Kumar Rai @ Arbind Kumar Ray @ Arbind Kumar v. The State Of Bihar

2016-04-18Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8344 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -BANIAPUR District- SARAN ====================================================== Arbind Kumar Rai @ Arbind Kumar Ray @ Arbind Kumar Son of Ram Pravesh Roy Resident of Village Ibrahimpur, Police Station Baniyapur, District Saran (Chapra).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Sen Prasad Singh, Advocate For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-04-2016 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 and 325 of the Indian Penal Code and 3(1)(x) SC/ST Act registered in connection with Baniyapur P.S. Case No.259 of 2015.

3. It is submitted that the petitioner has been falsely implicated and in any event, the offence under SC/ST Act are not made out as the alleged occurrence is not occurred in public view.

4. Learned APP assisted by learned counsel for the informant appears suo motu and have been heard.

4. Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the arrest or

Patna High Court Cr.Misc. No.8344 of 2016 (2) dt.18-04-2016 2/2 surrender of 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 bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Saran, (Chapra) in connection with Baniyapur P.S. Case No.259 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions :- (i) The petitioner shall co-operate with the investigation 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) N.H./- U T