Dhiraj Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27562 of 2015 (2) dt.24-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27562 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Dhiraj Kumar S/o Sri Nawal Singh R/o Hasanpur P.s Narhat, DisttNawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. For the Opposite Party/s : A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 420 of the Indian Penal Code registered in connection with Narhat P.S. Case No. 50 of 2015.

3. It is submitted that the petitioner has been falsely implicated by the informant who has suppressed the fact of having filed Complaint Case No. 12 (C)/15 for the same occurrence which is pending. The petitioner categorically denied having entered into any agreement nor receiving any payment from the informant and also having issued any cheque in favour of the informant. It is submitted that in any event the dispute is purely of a civil nature.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.27562 of 2015 (2) dt.24-07-2015 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 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 Sub-Divisional Judicial Magistrate, Nawada, in connection with Narhat P.S. Case No. 50 of 2015, 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