Gauri Shankar Gautam @ Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15269 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -PHULPARAS District- MADHUBANI ====================================================== Gauri Shankar Gautam @ Gautam Yadav son of Raj Kumar Yadav, resident of village- Barhi, P.S.- Phulparas, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Md.Arif , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-05-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 414, 401/34 of the Indian Penal Code. Though the petitioner is named in the F.I.R., vide Annexure-1, as an accused and there is allegation of recovery of one motorcycle from his possession, which according to him was belonging to co-accused Mukesh Kumar Munna, but taking into consideration the fact that he is in judicial custody since 06.11.2014, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, Madhubani in connection with Phulpras P.S. Case No. 260 of 2014 dated 28.09.2014, subject to the conditions that:

(A) One of the bailors shall be a government servant, (B) Other bailor shall be either the father or the mother of the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case

Patna High Court Cr.Misc. No.15269 of 2015 (2) dt.28-05-2015 2/2 the informant/ prosecution shall be at liberty to file a petition for cancellation of the 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 bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T