Shibu Rai @ Shiv Shankar @ Shiv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8722 of 2015 Arising Out of PS.Case No. -461 Year- 2013 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shibu Rai @ Shiv Shankar @ Shiv Shankar Kumar, son of Jagnarayan Rai, resident of Mohalla- Hathsarganj, P.O.+P.S.- Hajipur Town, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Jeet Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar-II, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 03-03-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 392, 411 Indian Penal Code. Considering that apart from the confessional statement of the co-accused there is no other material against the Petitioner, who has fair antecedents, let him be released on bail on furnishing bail bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No.461 of 2013, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving

Patna High Court Cr.Misc. No.8722 of 2015 (2) dt.03-03-2015 2/2 genealogy as to how he is related with the petitioner and another bailor shall be Gopal Rai, brother of the Petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) JA/- U T