Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1260 of 2015 Arising Out of PS.Case No. -162 Year- 2014 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Sandeep Yadav, Son of Nathuni Yadav, Resident of Village - Simraha, Tole - Akonma, Police Station - Kusheshwar Asthan, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Shyam Bihari Singh, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 307/149 and some other allied offences under the Indian Penal Code.

Though the petitioner is named in the FIR vide Annexure-1 as an accused and there is allegation of assault against him, but taking into consideration the fact that the petitioner is in judicial custody since 12.08.2014 and he is said to be the first offender, as no other criminal case except the present one is said to be pending against him, 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 Sub-Divisional Judicial Magistrate, Biroul at Benipur, Darbhanga in connection with Kusheshwar Asthan P.S.Case No.162 of 2014, subject to the conditions that:

(a) One of the bailors must be government servant or close

Patna High Court Cr.Misc. No.1260 of 2015 (3) dt.04-03-2015 family member of the petitioner, who 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 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;

(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 date, 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) Arvind/- U T