Madan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6397 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== Madan Sah Son of Khenhar Sah, Resident of Village - Makshagar Lachhiram, P.S.- Hathua, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 189 of 2022 lodged under Sections 461 and 382 of the Indian Penal Code.

Learned counsel for the petitioner submits that the bail application of the petitioner was rejected vide order dated 24.11.2022 passed in Cr. Misc. No. 47793 of 2022 in which an observation was made that petitioner may renew his prayer for bail after framing of charge. Counsel further submits that he has annexed the order sheet dated 03.01.2023 (Annexure-A/3) by which it transpires that charge has already been framed against

Patna High Court CR. MISC. No.6397 of 2023(3) dt.08-02-2023 2/3 the petitioner.

Learned counsel for the State also submits that from the record, it transpires that charge has been framed in this case. In this view of the matter, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-XV, Gopalganj in connection with Mirganj P.S. Case No. 189 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present

Patna High Court CR. MISC. No.6397 of 2023(3) dt.08-02-2023 3/3 bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U