Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47549 of 2019 Arising Out of PS. Case No.-74 Year-2019 Thana- TELHARA DistrictNalanda ====================================================== SUNIL KUMAR, aged about 25 years, male, Son of Late Om Prakash Saw Resident of Village-Telhara Bazar, Police Station-Telhara, District-Nalanda. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Mukherjee, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-07-2019 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, 341, 342, 323, 337, 338, 307, 379 of the Indian Penal Code registered in connection with Telhara P.S. Case No. 74 of 2019.

3. It is submitted that the petitioner has been falsely implicated and in any event the thrust of accusation is against coaccused Dharmendra Chaurasiya and Jitu Chaurasiya. The F.I.R. has been lodged against as many as 17 accused persons. The accusations against the petitioner are general and omnibus. The injury report discloses the injuries are simple in nature. The petitioner is accused in one prior case related to the same occurrence.

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

Patna High Court CR. MISC. No.47549 of 2019(2) dt.31-07-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Sunil Singh, learned Judicial Magistrate 1st Class, Hilsa, Nalanda in connection with Telhara P.S. Case No. 74 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