Patna High CourtCR. MISC./33211/2016bail granted

Anil Kumar v. The State Of Bihar

2016-08-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33211 of 2016 Arising Out of PS.Case No. -418 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Anil Kumar son of Late Ram Prasad, resident of A.G. Colony, Main Road North, Sri Nagar, P.S. Shastri Nagar, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Srivastava, Adv. Dr. Sumanth Bhardwaj, Adv.

For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 409, 406, 407, 201, 120B of the Indian Penal Code registered in connection with Turkauliya P.S. Case No. 418 of 2013.

3. It is submitted that the petitioner has been falsely implicated in a dispute of purely contractual nature. The complainant being the unsuccessful tenderer has filed a complaint on 06.08.2013 for the tender published on 04.02.013. Petitioner claims clean antecedents.

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 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, Motihari in connection with Turkauliya P.S. Case No. 418 of 2013, subject to the conditions as

Patna High Court Cr.Misc. No.33211 of 2016 (3) dt.24-08-2016 2/2 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) 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.

(iii) 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. Md. Ibrarul/BT (Vikash Jain, J) U T