Avinash Kumar @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53808 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- INARWA District- West Champaran ====================================================== AVINASH KUMAR @ GUDDU, aged about 25 years, male, Son of Uma Shankar Mahto @ Uma Mahto Resident of Village - Pidari, P.S.- Inarwa, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Bimlesh Kumar Pandey, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-08-2019 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, 342, 323, 353, 307, 332, 333, 337, 186, 188, 109, 431, 427, 386, 504, 506 of the Indian Penal Code and 3⁄4 of Prevention of Damage to Public Property Act registered in connection with Inarwa P.S. Case No. 24 of 2019.
3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 36 named and 400450 unknown persons. The accusations are general and omnibus in nature without any specific accusation attributed to the petitioner. Similarly situated co-accused Anil Kumar and Ramchandra Sah have been granted anticipatory bail by this Court in Cr. Misc. No. 47727 of 2019 and Cr. Misc. No. 47601 of 2019 respectively. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's
Patna High Court CR. MISC. No.53808 of 2019(2) dt.27-08-2019 2/2 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 Sri K.K. Shahi, learned Judicial Magistrate Ist Class, Bettiah, West Champaran in connection with Inarwa P.S. Case No. 24 of 2019, 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 cooperate 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) 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) Ibrar//- U T