Dayanand Kushwaha @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16102 of 2015 Arising Out of PS.Case No. -155 Year- 2014 Thana -KASIMBAZAR District- MUNGER ====================================================== Dayanand Kushwaha @ Mandal, son of Sita Ram Mandal, resident of Mohalla - Purab Sarai ( Durga Asthan ), P.S. Munger Kotwali, DistrictMunger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 27-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 3/4 of the Explosive Substance Act. Taking into consideration the fact that the petitioner is not named in the first information report vide Annexure-1 as an accused though one person is named as accused in the FIR and further taking into consideration that he is in judicial custody in the present case since 28.01.2015 as he was remanded from another case, 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 Judicial Magistrate, Ist Class, Munger in connection with Kasim Bazar P.S.Case No. 155 of 2014, subject to the following conditions: (A) one of the bailors must be a government servant, (B) another bailor shall be a close family member or a close relation of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner,

Patna High Court Cr.Misc. No.16102 of 2015 (2) dt.27-05-2015 2/2 (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