Nand Kishore v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37826 of 2014 Arising Out of PS.Case No. -4 Year- 2014 Thana -FALKA District- KATIHAR ====================================================== Nand Kishore Son of Late Laxmi Narayan Yadav, resident of village - at present posted as Panchayat Rojgar Sevak at Panchayat Raj Rahta (Babhni) under Falka Block in Katihar District, Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-04-2015 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, 409 and 420/34 of the Indian Penal Code registered in connection with Falka P.S. Case No.04 of 2014.
3. It is submitted that the petitioner has been falsely implicated only on suspicion and he is not FIR named accused. FIR named accused Kumar Rajeev Ranjan @ Rjesh Yadav @ Sri Kumar Ranjan and Ram Ratan Sah have been granted anticipatory bail by a Bench of this Court in Cr. Misc. No.13739 of 2014 and Cr. Misc. No.12181 of 2014, respectively.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or
Patna High Court Cr.Misc. No.37826 of 2014 (2) dt.03-04-2015 2/2 surrender before the court below within six weeks from the date of communication of this order, let the petitioner (Nand Kishore) 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, Katihar in connection with Falka P.S. Case No.04 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) B.T/- U T