Munif Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31671 of 2015 Arising Out of PS.Case No. -328 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Munif Mian S/o Late Alisher Mian Resident of Village Pakarihar, P.S. Chanpatia, District West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 30-09-2015 The petitioner was granted anticipatory bail by order dated 29.01.2015 in Cr. Misc. No. 3798 of 2015 on condition that an affidavit would be filed on his behalf that he has no criminal antecedent. Since there were five other criminal cases pending against him, such an affidavit could not be filed and he could not avail the benefit of order. In such circumstances, he filed a fresh application for bail.

Considering that the petitioner was found to be released on anticipatory bail but he could not avail the benefit of such order, 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 to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatia P.S. Case No. 328 of 2014 on conditions : That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.31671 of 2015 (3) dt.30-09-2015 2/2 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, That the bailor shall also state on affidavit that he 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, 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 in any manner, his bail will be liable to be cancelled for reasons of misuse.

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) Prakash/- U T