Jawed Ekabal v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55769 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55769 of 2018 Arising Out of PS.Case No. -275 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jawed Ekabal S/o Abdul Hanan, R/o Golchowk, P.S. Valmikinagar, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umashankar Prasad Gupta, S/o Ramjee Sah @ Ramjee Prasad Gupta, resident of Village- Narainapur, P.O.- Narainapur, P.S.- (Patkhauli) Bagaha, District- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv For the Opposite Party/s : 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 offences alleged under Sections 406 and 420 IPC registered in connection with Complaint Case No. C 275/2016, corresponding to Tr. No. 2972 of 2018.

3. It is submitted that the petitioner has been falsely implicated and dispute between the parties is at best of civil nature as evident from Money Suit No. 01/2016 filed by the complainant side. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner's arrest or surrender before the 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

Patna High Court Cr.Misc. No.55769 of 2018 (2) dt.06-10-2018 thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Bagaha, West Champaran in connection with Complaint Case No. C 275/2016, corresponding to Tr. No. 2972 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) 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) Chandran U T