Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32979 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ====================================================== Arvind Kumar Son of Ram Sagar Rai, resident of Village- Chaknizam, P.S- Muffasil, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.05.2016 in connection with Sakra P.S. Case No. 129 of 2016 for the offences alleged under Section 379 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

3. It is submitted that the petitioner has been falsely implicated merely because he happened to be servant of the coaccused Madho Bhagat from whose possession recovery of kerosene oil and petrol was made. The driver and Khalasi of the tank-lorry in question from which theft is alleged to have been committed have been granted bail by this Court in Cr. Misc. No. 31621 of 2016 and Cr. Misc. No. 31076 of 2016, respectively.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named 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 Sub-Divisional Judicial Magistrate(East), Muzaffarpur connection with Sakra P.S. Case No. 129 of 2016 with the following conditions:

Patna High Court Cr.Misc. No.32979 of 2016 (2) dt.20-08-2016 2/2 (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.

(iii) 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) B.T/-Ibrar U T