Patna High CourtCR. MISC./11991/2016bail granted

Vivekanand v. The State Of Bihar

2016-03-18Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.11991 of 2016 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11991 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Vivekanand Son of late Laldhan Prasad Singh Resident of Mohalla- T.N. Singh Road, Adampur Ps Adampur, Distt Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar Sinha, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420/34 of the Indian Penal Code registered in connection with Kotwali (Adampur) P.S. Case No. 06 of 2016.

3. It is submitted that the petitioner has been falsely implicated as on the face of it the allegation of the informant having paid a sum of Rs. 4,50,000/- to the petitioner is highly improbable, more so in absence of any chit of paper being produced in support of such allegation.

4. 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

Patna High Court Cr.Misc. No.11991 of 2016 (2) dt.18-03-2016 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 Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No. 06 of 2016, G.R. No. 60 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) The petitioner shall cooperate 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) Md. Ibrarul/- U T