Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66609 of 2018 Arising Out of PS. Case No.-154 Year-2018 Thana- SAHPUR District- Patna ====================================================== Sujit Kumar Son of Lalji Rai@ Lalu Rai R/o Company Bagh, Danapur, P.S. Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest for the offences alleged under Section 302/34 Indian Penal Code registered in connection with Shahpur P.S. Case No. 154/2018. It is submitted that the petitioner has been falsely implicated on mere suspicion, except that there is no objective material to connect the petitioner with the alleged occurrence. There is no eye-witness in this case and the petitioner has been implicated in the backdrop of a petty dispute said to have transpired few days prior to the occurrence.

Learned A.P.P. submits on the basis of case diary that there was dispute between the parties few days prior to the occurrence. However, no eye-witness has come forward to

Patna High Court Cr.Misc. No.66609 of 2018(3) dt.04-02-2019 2/3 record his statement in the case diary.

Be that as it may, having regard to the entirety of the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed 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 the learned Additional Chief Judicial Magistrate I, Danapur, Patna in connection with Shahpur P.S. Case No. 154/2018, 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 be well represented in Court on each and every date during trial and in the event of failure on

Patna High Court Cr.Misc. No.66609 of 2018(3) dt.04-02-2019 3/3 two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) vinita/- U T