Vishwanath Rout @ Biswanath Rout v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32396 of 2015 Arising Out of PS.Case No. -274 Year- 2014 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Vishwanath Rout @ Biswanath Rout S/o Late Mahavir Rout R/o Village Muzaffarpur, P.S. Minapur, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. M.K. Khare, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 29-07-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 379/34 of the Indian Penal Code. The Petitioner was refused bail by an order dated 4.3.2015 vide Cr.Misc.No.8709 of 2015 but had been granted liberty to renew his prayer for bail after framing of charge. Annexure-4 reveals that now charges have been framed. In view of such, 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 concerned to the satisfaction of learned Additional Sessions Judge Xth, Muzaffarpur in connection with Sessions Trial No.103 of 2015 arising out of Minapur P.S. case No.274 of 2014, subject to the conditions (i) That one of the

Patna High Court Cr.Misc. No.32396 of 2015 (2) dt.29-07-2015 2/2 bailor 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 bailor will undertake to furnish information to the Court about any change in address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) 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 ground of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Trial Court is directed to send a list of the witnesses fixing specific dates for each witness for their examination along with a copy of this order to the S.P.

, Muzaffarpur, who is directed to ensure the attendance of the witnesses on the date fixed by the Trial Court so that there is no further delay in the trial.

(Anjana Prakash, J) Narendra/- U T