Patna High CourtCR. MISC./56575/2018bail granted

Ajit Kumar v. The State Of Bihar

2018-09-28Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.56575 of 2018 (2) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56575 of 2018 Arising Out of PS.Case No. -267 Year- 2018 Thana -KHAJANCHI HAT District- PURNIA ====================================================== Ajit Kumar, S/o Dilip Swarnkar @ Dilip Prasad Swarnkar, R/o New Prabhat Colony, P.S. K. Hat, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh, Adv For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 457, 380 of the Indian Penal Code registered in connection with K. Hat P.S. Case No. 267 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the extra judicial confessional statement of co-accused Gurudeo Sah @ Kalua. The FIR is against unknown persons and there is no recovery of any incriminating articles from the petitioner. Similarly situated co-accused persons have been granted bail by this Court in Cr. Misc. No. 49663 of 2018. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances, as such, 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

Patna High Court Cr.Misc. No.56575 of 2018 (2) dt.28-09-2018 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate. Purnea in connection with K. Hat P.S. Case No. 267/2018 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) 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