Amardeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.833 of 2015 ====================================================== Amardeo Rai son of Late Sevaki Rai, resident of Village-Shobhita, P.S.- Rajepur, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms.Megha Sinha, Advocate Mr. Umesh Chandra Verma, Sr.Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ----------------- 04-03-2015 Heard learned counsel appearing on behalf of the petitioner. However, none appears on behalf of the State of Bihar. The petitioner seeks bail in a criminal prosecution registered under Sections 448, 504 and 506/34 of the Indian Penal Code and 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 is said to be in judicial custody since 11.09.2014, 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 Sub Divisional Judicial Magistrate, Sikrahana, East Champaran, Motihari in Rajepur P.S.Case No. 47 of 2013, subject to the following conditions:

(A) one of the bailors must be a government servant (B) other bailor shall be a family member or a close relation of the petitioner who will file an affidavit in the court below showing

Patna High Court Cr.Misc. No.833 of 2015 (3) dt.04-03-2015 2/2 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