Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36697 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -RAJIVNAGAR District- PATNA ====================================================== Awadhesh Kumar, son of Jai Nath Kumar, the then B.D.O. Vaishali, R/o Mohalla- Chandra Vihar Colony, Nepali Nagar, P.S.- Rajiv Nagar, DistrictPatna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr.Dharmendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Rajiv Nagar P.S. Case No. 33 of 2017 registered for the offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code and 3 of Prevention of Damage to Public Property Act.

Allegation against the petitioner is that he made construction over the land of Housing Board.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case and no such occurrence has taken place as stated in the FIR. Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let the petitioner, named above, surrender in the court within a period of four weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail

Patna High Court Cr.Misc. No.36697 of 2017 (2) dt.18-08-2017 2/2 bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Abhijeet Kumar, Additional Chief Judicial Magistrate-III, Patna, in connection with Rajiv Nagar P.S. Case No. 33 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make himself available before the police as and when required and in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U