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Patna High Court - Orders

Kameshwar Hazra vs The State Of Bihar on 7 November, 2014

Author: Vikash Jain

Bench: Vikash Jain

      Patna High Court Cr.Misc. No.25308 of 2014 (2) dt.07-11-2014




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Criminal Miscellaneous No.25308 of 2014
                               Arising Out of PS.Case No. -15 Year- 2009 Thana -PHENHARA District-
                                                 EASTCHAMPARAN(MOTIHARI)
                   ======================================================
                   1. Kameshwar Hazra Son of Rajendra Hazra, Resident of Village-Khoda,
                   P.S.-Sugauli, District-East Champaran at Motihari.

                                                                                     .... ....   Petitioner/s
                                                            Versus
                   1. The State of Bihar

                                                                 .... .... Opposite Party/s
                   ======================================================
                   Appearance :
                   For the Petitioner/s     :  Mr. Ravi Shanker Pankaj
                   For the Opposite Party/s : Mr. (APP)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                        ORAL ORDER

2   07-11-2014

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 420 of the Indian Penal Code registered in connection with Phenhara P.S. Case No. 15 of 2009.

3. It is submitted that the petitioner has been falsely implicated and after due investigation police submitted final form and rather recommended the initiation of proceedings under Section 182 and 211 of the Indian Penal Code against the informant, but however differing from the same, cognizance has been taken.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the Patna High Court Cr.Misc. No.25308 of 2014 (2) dt.07-11-2014 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 Sub-Divisional Judicial Magistrate, Sikarahna at Motihari, in connection with Phenhara P.S. Case No. 15 of 2009, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

(i) The petitioner shall cooperate with the investigation 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.
(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/-

  U             T