Ashutosh @ Santosh Kumar @ Ashutosh Kumar @ Santosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23811 of 2015 Arising Out of PS.Case No. -5 Year- 2014 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Ashutosh @ Santosh Kumar @ Ashutosh Kumar @ Santosh Son of Sri Ganauri Yadav Resident of village - Taripar, P.S. Bikram, District - Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manager Sah, Advocate.

For the Opposite Party : Mr. Arvind Kumar Pandey, (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-03-2016 The petitioner was granted bail by order dated 08.01.2015 in Cr. Misc. No. 26507 of 2014 in connection with Tharthari P.S. Case No. 05 of 2014 to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, but on condition that an affidavit would be filed on his behalf that he has fair antecedent. The petitioner is accused in one another case so he could not be released. An affidavit regarding his antecedent has been filed.

Considering the merits of the case, I find that it is a fit case for bail, accordingly, the petitioner above named is directed to be enlarged on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,

Patna High Court Cr.Misc. No.23811 of 2015 (3) dt.09-03-2016 2/3 Hilsa, Nalanda, in connection with Tharthari P.S. Case No. 05 of 2014, subject to the conditions:

(i) That one of the bailors will be a close relative 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 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.

(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

Patna High Court Cr.Misc. No.23811 of 2015 (3) dt.09-03-2016 3/3 in any manner, his bail will be liable to be cancelled for reasons 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.) KKSINHA/- U T