Patna High CourtCR. MISC./55924/2019bail granted

Ajay Kumar v. The State Of Bihar

2019-09-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55924 of 2019 Arising Out of PS. Case No.-119 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== AJAY KUMAR Son of Kashinath Pathak Resident of Village-Gaura, P.S.- Teghra, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv Mr.Saket Tiwary. Mr.Anuraj Singh, Mr. Saket Gupta, Advocates For the Opposite Party/s :

Mr.Prem Kumar Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-09-2019 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 471, 419, 420 IPC registered in connection with Begusarai (Town) P.S. Case No. 119 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that he has got employment as Agricultural Coordinator in the office of District Agricultural Officer, Begusarai on the basis of certificate issued by Choudhary Charan Singh University, Meerut and on verification by the authorities it was reported that "the above mentioned details are not as per University record. It seems otherwise". It is further stated that the petitioner has since been dismissed from service. The petitioner claims clean antecedents.

4. Learned APP appears and opposes the petition.

5. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai (Town) P.S. Case

Patna High Court CR. MISC. No.55924 of 2019(2) dt.03-09-2019 2/2 No. 119 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 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.

6. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond, that the petitioner has been dismissed from service, failing which his bail bond shall stand automatically cancelled.

7. The authorities shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during his employment as Agricultural Coordinator.

(Vikash Jain, J) Chandran/- U T