High Court Patna High Court - Orders

Sumit Rai vs The State Of Bihar on 11 November, 2011

Patna High Court – Orders
Sumit Rai vs The State Of Bihar on 11 November, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Cr.Misc. No.35806 of 2011
                          Sumit Rai, son of Late Krishna Kumar Rai, resident of Village-
                   Bilashpur, P.S.-Ramnagar, District-West Champaran.
                                                                        .... Petitioner.
                                                    Versus
                          The State of Bihar.                         ...Opposite Party.
                                                   -----------

2. 11.11.2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner, apprehends his arrest in connection with

Ramnagar P.S. Case No. 32/2011 for the offences under Sections 379,

506, and 504/34 of the Indian Penal Code, is one of the named accused

in this case of theft of some woods.

Submission is that petitioner is named only on mere

suspicion. Moreover, as regard to the land over which the mango tree of

orchard, there is bona fide dispute between the two owners including

petitioner.

Considering the facts and circumstances of the case, in the

event of his arrest or surrender within a period of four weeks, let the

above-named petitioner be enlarged on bail on furnishing bail bond of

sum of Rs. 10,000/- (ten thousand only) with two sureties of the like

amount to the satisfaction of Additional Chief Judicial Magistrate,

Bagaha, West Champaran in connection with Ramnagar P.S. Case No.

32/2011 subject to condition under section 438(2) of the Code of

Criminal Procedure, and additional condition to attend the court regularly

at least for one year or till disposal of the case, whichever is earlier and in

the event of failure on two consecutive dates, without any reasonable

explanation, the privilege granted shall be deemed to be cancelled.

Kamlesh                                             (Akhilesh Chandra, J.)