Bijay Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5842 of 2015 Arising Out of PS.Case No. -65 Year- 2014 Thana -KHUTAUNA District- MADHUBANI ====================================================== Bijay Kumar Das son of Achhelal Das, resident of Village - Bhajnaha P.SLaukha Distt- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar, Advocate For the Opposite Party/s : Dr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ----------------- 25-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report vide Annexure-1 as an accused and no incriminating article is said to have been recovered either from his possession or from his house and further taking into consideration that he has not been put on test identification parade till date though 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 Additional Chief Judicial Magistrate, Jhanjharpur, District Madhubani in connection with Khutauna P.S.Case No. 65 of 2014, subject to the following conditions:

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

Patna High Court Cr.Misc. No.5842 of 2015 (3) dt.25-05-2015 2/2 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