Subodh Kumar @ Subodh Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71839 of 2019 Arising Out of PS. Case No.-206 Year-2012 Thana- JAHANABAD District- Jehanabad ====================================================== Subodh Kumar @ Subodh Jee, Son of Late Ravindra Singh, Resident of Village - Sukul Chak, P.S.- Jehanabad (Kareneuna-O.P.), District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nitya Nand Neeraj, Advocate For the Opposite Party/s :
Mr.Ajay Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Jehanabad P.S. Case No.206 of 2012 registered for the offence punishable under Section 17/18/20/21/38 of the U.A.P. Act (Unlawful Activities Prevention Act, 1967) Learned counsel for the petitioner submits that the petitioner was in custody in Central Jail, Beur, Patna in connection with Kankarbagh P.S. Case No.346 of 2009 and Agamkuan P.S. Case No.249 of 2009 and he has been released on bail only on 27.06.2012. It is thus submitted by the learned counsel for the petitioner that in view of his being in custody, there is no question of the petitioner of having participated in the occurrence dated 02.06.2012. He further submits that the
Patna High Court CR. MISC. No.71839 of 2019(3) dt.25-11-2019 2/3 entire case against the petitioner is false and motivated and, as such, he may be extended the privilege of anticipatory bail and in other cases he has already been granted bail. Having considered the entire facts and circumstances of the case and that even on the face value, the allegation against the petitioner is based on pure suspicion, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No.206 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, mother, son, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons,
Patna High Court CR. MISC. No.71839 of 2019(3) dt.25-11-2019 3/3 his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) 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. (Anjana Mishra, J) PNM U T