Sikandar Rain v. The State Of Bihar

Patna High Court Cr.Misc. No.55409 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55409 of 2018 Arising Out of PS.Case No. -758 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Sikandar Rain, Son of Asalam Rain, Resident of Village- Bhabua Ward No.9, P.S.- Bhabua, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 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, 188, 322, 186, 353, 505,341,151, 152, 295(A), 153(A) IPC registered in connection with Bhabua P.S. Case No. 758 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the allegations and general and omnibus in nature. Other similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. No. 6720 of 2018. The petitioner has two criminal antecedents, in which he is on bail.

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 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.55409 of 2018 (2) dt.06-10-2018 of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua P.S. Case No. 758 of 2017 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