Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10949 of 2015 Arising Out of PS.Case No. -333 Year- 2013 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Deepak Kumar, son of Sri Shambhu Mishra, resident of Village-Kanta, P.S.-Gaighat, District-Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji (A.P.P.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-04-2015 Heard learned counsel for the Petitioner and the State.
Prayer of the petitioner for bail was earlier refused by this Court vide order dated 23.01.2015 passed in Cr. Misc. 35831 of 2014 but with liberty to renew his prayer for bail after framing of charge.
It is being submitted that now charges have been framed. The petitioner undertakes to be physically present on each date of trial.
Learned counsel for the informant submits that the four witnesses have also been examined and only two months time is required for conclusion of trial. The petitioner undertakes to be physically present on each date of trial.
Considering that on merits the Petitioner was granted liberty to renew his prayer for bail, let the petitioner, above named
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 learned Additional Sessions Judge-XI, Muzaffarpur in connection with Sessions Trial No. 70 of 2015 arising out of Gaighat P.S. Case No. 333/2013, subject to the conditions:
(i) That one of the bailors will be mother of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner.
The bailors will undertake to furnish information to the court about any change in the address of the petitioner.
(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail.
(iii) That that bailors shall also state on affidavit that they 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 and (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.
(Anjana Prakash, J.) Kamlesh U T