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Patna High CourtCR. MISC./33558/2016bail granted

Kamleshwar Prasad @ Ki.P. Singh @ Kamleshwar Prasad Singh @ K.P. Singh v. The State Of Bihar

2016-09-20Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33558 of 2016 Arising Out of PS.Case No. -1186 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Kamleshwar Prasad @ Ki.P. Singh @ Kamleshwar Prasad Singh @ K.P. Singh, Son of Peni Singh, Ex-Crime Reader to S.P. Rohtas, At present resident of Mohalla B.M.P Road, Dehri, P.S. Dehri, District- Rohtas. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amarendra Kumar Singh, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2016 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 and 409 of the Indian Penal Code registered in connection with Sasaram (T) P.S. Case No. 1186 of 2014.

3. It is submitted that the petitioner has been falsely implicated and the present F.I.R. has been filed in retaliation to the earlier written report filed on 25.09.2014 by the petitioner subsequently registered as Dehri Nagar P.S. Case No. 26 of 2015 with regard to a cheating case against the informant. 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

Patna High Court Cr.Misc. No.33558 of 2016 (3) dt.20-09-2016 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (T) P.S. Case No. 1186 of 2014, 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) 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.

(iv) 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) Md. Ibrarul/Chandran U T