Narayan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66505 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- BIKRAM District- Patna ====================================================== NARAYAN SHARMA Son of Baijnath Singh Resident of Village - Gorkhari, P.S.- Bikram, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379, 420, 467, 468 of the Indian Penal Code and Section 26(A), 27, 21(A), 22, 4, 40 of B.M.M.C Rules, 1972 registered in connection with Bikram P.S. Case No. 110/2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation of running brick kiln without payment of licence fee etc. A statement is made at the Bar that the petitioner has deposited the entire dues of Rs. 80,460/- to the Department. The petitioner claims clean antecedents.

4. Be that it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned ACJM VI, Danapur, Patna in connection with Bikram P.S. Case No. 110/2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also

Patna High Court CR. MISC. No.66505 of 2019(2) dt.06-11-2019 2/2 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 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.

5. The provisional bail granted to the petitioner shall be confirmed by the learned Court below upon verification within a further period of four weeks after furnishing bail bond on production of proof of payment of Rs. 80,460/- to the Department, conversely, his bail bond shall stand automatically cancelled.

(Vikash Jain, J) Chandran/- U T