Anil Kumar @ Abhishek Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14785 of 2015 Arising Out of PS.Case No. -379 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Anil Kumar @ Abhishek Anand Son of Sri Ashok Singh, Resident of village - Chappar, P.O. Harail, P.S. Mohiuddin Nagar, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ehsanul Haque For the Opposite Party/s : Mr. Jagdhar Prasad, 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 Sections 399 and 402 of the Indian Penal Code as also under Sections 25(1-B) (a)/26/35 of the Arms Act. Though the petitioner is named in the F.I.R., vide Annexure-1, as an accused, and there is allegation of recovery of one country made pistol and two live cartridges, but taking into consideration the fact that he is in judicial custody since 13.11.2014 and other accused persons Amarjeet Kumar and Chandan Kumar with identical allegations have already been granted bail by different Benches of this Court, as contained in Annexure-2 series, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 379 of 2014, subject to the conditions that:

(A) One of the bailors must be a government servant or close family member of the petitioner, who

Patna High Court Cr.Misc. No.14785 of 2015 (2) dt.28-05-2015 2/2 will file an affidavit in the court below showing his/her relationship with the petitioner, (B) 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 the 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 (C) 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 bonds of the petitioner.

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