Mukesh Kumar @ Sonu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24123 of 2016 Arising Out of PS.Case No. -166 Year- 2015 Thana -NARDIGANJ District- NAWADA ====================================================== Mukesh Kumar @ Sonu son of Siban Yadav resident of Village - Dhamal Tola, Titahiya Tar P.S. Rajauli, District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard.
The petitioner seeks bail in a criminal prosecution registered under Sections 419, 420 and 379 of the Indian Penal Code.
Though the petitioner is named in the F.I.R. vide Annexure-1, as an accused, but taking into consideration the period of incarceration already undergone by him since 28.11.2015 and further taking into consideration the fact that no incriminating article has been recovered either from his possession or from his house, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail. Let the above named petitioner 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 C.J.M., Nawada, in connection with Nardiganj P.S. Case No. 166 of 2015 subject to conditions that:
(A) One of the bailors shall be government servant, (B) Other bailor shall be either the family members
Patna High Court Cr.Misc. No.24123 of 2016 (2) dt.01-06-2016 2/2 or the close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (C) 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 the bail-bond 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 (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 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