Arvind Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32505 of 2018 Arising Out of PS.Case No. -372 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ====================================================== Arvind Kewat S/o Faujdari Kewat @ Fauzdari Prasad, R/o Vill.- Mal Bigha, P.S.- Chandi, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajeev Kumar, Adv.

For the Opposite Party : Mr. Nirmal Kumar Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and learned A.P.P for the State.

Petitioner is seeking regular bail in connection with Sheikhpura (Kusumbha) P.S. Case No.372 of 2016 punishable for the offence under Section 395 of the Indian Penal Code. It is submitted on behalf of the petitioner that in the present case he has been taken on remand only on mere suspicion and he is in custody in connection with this case since 19.04.2018. Learned counsel for the petitioner submits that the FIR has been lodged against unknown person, till date no T.I.P. has been conducted to establish the identity of the petitioner with the present case and further no looted article has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that while the petitioner was arrested in connection with

Patna High Court Cr.Misc. No.32505 of 2018 (2) dt.13-06-2018 Chandi P.S. Case No.111 of 2017 under Section 395 of the Indian Penal Code in which he has already been granted bail on 25.04.2018 in Criminal Miscellaneous No.14200 of 2018, he has been subsequently shown accused in connection with other cases mentioned in Para 3 of the petition. It is submitted that petitioner in this case has been falsely implicated by police. Learned A.P.P. for the State is present and opposes the prayer for bail.

Considering the facts and circumstances of the case wherein petitioner is said to be in custody in connection with the present case on remand, no T.I.P. has been conducted and the looted article has not been recovered from the possession of the petitioner, let the petitioner, named above, be released on bail on furnishing bail bond of 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha) P.S. Case No.372 of 2016, subject to the conditions, apart from the Section 437(3) Cr.P.C., that one of the bailers should be a family member of the petitioner having no criminal antecedents and the petitioner must cooperate in the trial and he must attend court whenever date is fixed by the court below. In case of his failure to attend the court on two consecutive dates

Patna High Court Cr.Misc. No.32505 of 2018 (2) dt.13-06-2018 without any cogent or proper reason, the court below shall cancel the bail bonds.

(Rajeev Ranjan Prasad, J) Arvind/Manoj/Amjad U T