Karan Kumar @ Karan Das @ Karan Kumar Das And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.55166 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55166 of 2018 Arising Out of PS.Case No. -557 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Karan Kumar @ Karan Das @ Karan Kumar Das, S/o Late Binay Das,

2. Anand Das @ Anand Kumar Das S/o Sri Sunil Das, Both are R/o VillChamar Toli Lane, Champa Nagar, P.S.- Nath Nagar, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh,Adv For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 457 and 380 IPC registered in connection with Nath Nagar P.S. Case No. 557 of 2017.

3. It is submitted that the petitioners have been falsely implicated on mere suspicion and there is no recovery of any incriminating articles from their possession. The FIR has been instituted on the next day i.e. on 01.10.2017 for the alleged occurrence on 30.09.2017. The informant who is related to the petitioners has also instituted one other case in the past against the petitioners. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.55166 of 2018 (2) dt.06-10-2018 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M., Bhagalpur, in connection with Nath Nagar P.S. Case No. 557 of 2017 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 petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves 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 petitioners 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 their bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran U T