Neeraj Kumar @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4311 of 2023 Arising Out of PS. Case No.-74 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== NEERAJ KUMAR @ NIRAJ KUMAR S/O GOVIND SINGH R/v- Bangali Bigha, P.S.- Haspura, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 03.01.2023 in connection with S.Tr.No.385/2018/17/2019 arising out of Haspura P.S. Case No. 74 of 2018, F.I.R. dated 23.04.2018 registered for the offence punishable under Sections 366(A)/506 of the IPC.

Learned counsel appearing for the petitioner submits that earlier the petitioner has been granted bail vide order dated 31.10.2018 passed in Cr. Misc. No.65145 of 2018 and the petitioner had instructed the Pairvikar to do Pairvi in the case but the Pairvikar of the case has not done the Pairvi in the case so the bail bond of the petitioner has been

Patna High Court CR. MISC. No.4311 of 2023(3) dt.06-07-2023 2/3 cancelled on 26.09.2019 and when the petitioner has come to know about the same he has surrendered before the Court on 03.01.2023.

Learned counsel for the informant and learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is absconder since 2019 to 2023.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Aurangabad in connection with S.Tr.No.385/2018/17/2019 arising out of Haspura P.S. Case No. 74 of 2018,with the following conditions:- (1)One of the bailors should be the wife of the petitioner, namely, Sneha Kumari.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.4311 of 2023(3) dt.06-07-2023 3/3

(3) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T