Amar Nath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23959 of 2016 Arising Out of PS.Case No. -297 Year- 2015 Thana -DIDARGANJ District- PATNA ====================================================== Amar Nath Rai, son of Late Munni Lal Rai, R/o Village- Veerpur, P.S.- Jurawanpur, District- Vaishali, at present resident of village- Nasirpur, Tajpur near at Mahangu Line Hotel P.S.- Didarganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Abhay Kr. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-05-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Sections 302/201/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the FIR vide Annexure-1 as an accused and further taking into consideration the fact that he is said to be the first offender and also taking into consideration the period of incarceration as he is in judicial custody since 27.12.2015, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Anant Kumar, the learned J.M.-1st Class, Patna City, Patna in connection with Didarganj P.S. Case No.297 of 2015, subject to the conditions that:

(A) One of the bailors must be government servant or close family members 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.23959 of 2016 (2) dt.30-05-2016 (B) 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;

(C) 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 date, 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) Arvind/- U T