Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67712 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- KASHICHAK District- Nawada ====================================================== Deepak Kumar S/o-Ramdahin Singh, Resident of Village-Rabera, P.S.- Kasichak Shahpur O.P., District-Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 395 IPC registered in connection with Kasichak P.S. Case No. 84/2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no objective material to connect the petitioner with the alleged occurrence except the extra judicial confessional statement of co-accused. The prosecution story is far fetched as it has been stated that after committing the offence, two of the accused persons also came to the police station where they disclosed the name of the petitioner, who claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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 thousand) with two sureties of like amount each to the satisfaction of learned CJM, Nawada in connection with Kasichak P.S. Case No. 84/2018 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and

Patna High Court Cr.Misc. No.67712 of 2018(3) dt.30-01-2019 2/2 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 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