Ramesh Sah v. The State Of Bihar
Patna High Court Cr.Misc. No.56633 of 2018 (2) dt.28-09-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56633 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -DIGHWARA District- SARAN ======================================================
1. Ramesh Sah Son of Radhe Sah resident of Village - Shitalpur, Peerganj, Police Station Dighwara, District - Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash, Adv For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 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, 323, 324, 307, 379, 447 and 504 of the Indian Penal Code registered in connection with Dighwara P.S. Case No. 48 of 2018.
3. It is submitted that the petitioner has been falsely implicated and in any event the injuries are simple in nature. The accusations are general and omnibus in nature and no specific injury or assault has been attributed to the petitioner. Similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 50449 of 2018. The petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances, as such, 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
Patna High Court Cr.Misc. No.56633 of 2018 (2) dt.28-09-2018 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Sunil Kumar, learned J.M. Ist Class, Saran at Chapra in connection with Dighwara P.S. Case No. 48 of 2018 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 co-operate 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) 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) Chandran U T