Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62554 of 2019 Arising Out of PS. Case No.-328 Year-2017 Thana- BARBIGHA District- Sheikhpura ====================================================== ROUSHAN KUMAR Son of Sunil Kumar @ Sunil Singh Resident of Village-Darwe Bhadaur, P.S.-Bhadaur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 427, 353, 337, 338 and 186 of the Indian Penal Code, registered in connection with Barbigha P.S.Case No. 328 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the F.I.R. is against as many as 53 named and 200 unknown persons. The accusations are general and omnibus and no specific overt act has been alleged against the petitioner, who is merely said to be a member of the mob. A statement is made at the Bar that two other cases of different nature, in which the petitioner is made accused, have been lodged subsequent to the present

Patna High Court CR. MISC. No.62554 of 2019(2) dt.16-10-2019 2/3 FIR.

4. Be that as it may, in the event of petitioner's arrest or surrender before 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 the like amount each to the satisfaction of learned C.J.M., Sheikhpura in connection with Barbigha P.S.Case No. 328 of 2017, 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) That 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

Patna High Court CR. MISC. No.62554 of 2019(2) dt.16-10-2019 3/3 sufficient reason, his bail bond shall be liable to be cancelled by the learned court concerned.

(Vikash Jain, J) HR/- U T