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Dilip Kumar vs The State Of Bihar on 24 October, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63846 of 2019
Arising Out of PS. Case No.-218 Year-2019 Thana- TEKARI District- Gaya

DILIP KUMAR Son of Late Abhimanyu Sharma Resident of Village – Bhori,
P.S.- Tekari, District – Gaya.

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Manish Kumar No2
For the Opposite Party/s : Mr.Nand Kishore Prasad

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

2 24-10-2019 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, Section504 and Section506 of the Indian Penal

Code, registered in connection with Tekari P.S.Case No.218 of

2019.

3. It is submitted that the petitioner has been falsely

implicated on the accusation of having taken loan of Rs.40,000/-

for meeting the expenses in a case, but committed default in

payment thereof within the stipulated two months. It is

submitted that on the face of it, the ingredients of the offences

under Section 406 IPC are not attracted as the transaction

between the parties is at best of civil nature involving failure to

refund the loan. The petitioner claims clean antecedents.
Patna High Court CR. MISC. No.63846 of 2019(2) dt.24-10-2019
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4. Learned APP, assisted by the learned counsel for

the informant, appears and has been heard.

5. Learned counsel for the informant makes a

statement at the Bar that the petitioner is accused in two prior

case, namely, Tekari P.S.Case No. 212 of 2007 and Complaint

Case No. 516 of 2008, which has, however, been suppressed in

paragraph 3 of the petition.

6. Be that as it may, in the event of petitioner’s arrest

or surrender within four weeks hereof, let the above named

petitioner be released on provisional bail on furnishing bail

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

amount each to the satisfaction of learned Additional Chief

Judicial Magistrate-VI, Gaya in connection with Tekari P.S.Case

No. 218 of 2019, 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
Patna High Court CR. MISC. No.63846 of 2019(2) dt.24-10-2019
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available as and when so required and in case of failure, the

State shall be at liberty to move for cancellation of bail.

(iv) That 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.

7. The provisional bail granted to the petitioner shall

be confirmed by the learned court below upon verification

within a further period of four weeks after furnishing bail bond

that the petitioner is not accused in Tekari P.S.Case No. 212 of

2007 and Complaint Case No. 516 of 2008 or has been acquitted

in the said cases, conversely, his bail bond shall stand

automatically cancelled.

(Vikash Jain, J)
HR/-

U T

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