Patna High CourtCR. MISC./28123/2015bail granted

Motilal Sah v. The State Of Bihar

2015-07-27Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.28123 of 2015 (2) dt.27-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28123 of 2015 Arising Out of PS.Case No. -106 Year- 2014 Thana -BALIGAON District- VAISHALI(HAJIPUR) ====================================================== Motilal Sah S/o Saryug Sah, Resident of village- Agrail, P.S.- Baligaon, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Sinha, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehend his arrest for the offences alleged under Sections 341, 323, 353, 332, 379, 504, 506/34 of the Indian Penal Code registered in connection with Baligaon P.S. Case No. 106 of 2014.

3. It is submitted that the petitioner has been falsely implicated merely he happens to be the neighbour of the accused Vijay Kumar who is an accused in Kirti Nagar P.S. Case No. 670 of 2014 in which the petitioner has no concern whatsoever.

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

Patna High Court Cr.Misc. No.28123 of 2015 (2) dt.27-07-2015 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 learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Baligaon P.S. Case No. 106 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) 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.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/- U T