Patna High CourtCR. MISC./55233/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-10-06Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55233 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Rahul Kumar S/o Vinod Das, R/o Vill.- Jawadih, P.S.- Kudhani (Turki), District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Sri Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offence alleged under Section 392 of the Indian Penal Code registered in connection with Kudhani P.S. Case No. 18 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the basis of extra judicial confessional statement of co-accused Manohar Kumar and Deepak Kumar, who were apprehended on spot. No recovery of any incriminating article has been made from the possession of the petitioner. Petitioner claims clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.55233 of 2018 (2) dt.06-10-2018 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3rd West, Muzaffarpur in connection with Kudhani P.S. Case No. 18 of 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 him 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.

(Vikash Jain, J) sushma/- U T