Tuntun Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14692 of 2015 Arising Out of PS.Case No. -228 Year- 2014 Thana -DHANARUA District- PATNA ====================================================== Tuntun Kewat Son of Ram Bilash Kewat, resident of Doctor English, P.S. Giriyak, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Prasad, Advocate For the Opposite Party/s : Mr. S.N.Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 28-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 395 of the Indian Penal Code as also under Section 27 of the Arms Act.

Taking into consideration the fact that the petitioner is not named in the first information report vide Annexure-1 as an accused and he has not been put on test identification parade and no incriminating article was recovered either from his house or his possession and furthermore, he is in judicial custody since 17.09.2014, his prayer for bail is allowed. The above named petitioner is ordered to be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Ad hoc Additional Sessions Judge VI, Patna in connection with Sessions Trial No. 114 of 2015 arising out of Dhanaarua P.S.Case No. 228 of 2014, subject to the following conditions: (A) one of the bailors must be a government servant, (B) another bailor shall be a close family member or a close relation of the petitioner who will file an

Patna High Court Cr.Misc. No.14692 of 2015 (2) dt.28-05-2015 2/2 affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Tahir/- U T