Jhunna Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3772 of 2015 Arising out of P.S. Case No. -232 Year- 2014 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) =================================================== Jhunna Patel S/o Late Dasai Patel Resident of VillGamhariya, P.S-Raxaul, Distt.-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s: Mr. Ataur Rahman (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

29.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 323, 307 and 379/34 of the Indian Penal Code.

Considering that there is a counter-version of the occurrence and the fact that the Petitioner is not an accused in any other case of similar nature, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 232 of 2014 subject to the following conditions:- (i) That one of the bailors will be a close

Patna High Court Cr.Misc. No.3772 of 2015 (2) dt.29-01-2015 relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he 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. (iii) 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. (iv) 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.

Vikash/- (Anjana Prakash, J.) U T