Vijay Srivastava v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53458 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -AURANGABAD TOWN DistrictAURANGABAD ====================================================== Vijay Srivastava S/o Late Ram Naresh Sharan Lal, R/o Gandhi Nagar , P.S.- Aurangabad, District- Aurangabad (Bihar). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Saket Gupta, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 337, 323, 435, 436, 427, 307, 332, 333, 353, 153(A), 295(A), 379 of the Indian Penal Code registered in connection with Town P.S. Case No. 97 of 2018.

3. It is submitted that the petitioner has been falsely implicated as evident from the fact that multiple F.I.R. has been instituted in respect of the same occurrence. The allegations against the petitioners are general and omnibus in nature and no injury report has been brought on record. Similarly situated coaccused persons namely Rakesh Kumar Singh, Anil Kumar Singh @

Anil Singh, Babar @ Md. Abdullah, Ujjawal Kumar @ Ujjawal Kumar Singh have been granted bail by this Court.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, 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 petitioners be 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 Chief Judicial Magistrate, Aurangabad in connection with Town P.S. Case No. 97 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 cooperate 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) Md. Ibrarul/- U