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Patna High CourtCR. MISC./23949/2016allowed

Akash Kumar v. The State Of Bihar

2016-05-30Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23949 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -GORAUL District- VAISHALI(HAJIPUR) ====================================================== Akash Kumar, S/o Arun Kumar Singh, Resident of Village- Jarang Rampur P.S.- Vaishali, O.P. Belsar Distt Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar, Adv. Mr.Sheo Kumar Prasad, Adv.

For the Opposite Party/s : Mrs. Rita Verma, 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 411 and 414 of the Indian Penal Code. Though, the petitioner, besides others, is named in the FIR vide Annexure-1 as an accused, but taking into consideration the fact that the petitioner is in judicial custody since 23.03.2016 and also taking into consideration the fact that he is said to be the first offender, as has been asserted in paragraph 3 of the bail application, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail. 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 the learned S.D.J.M., Vaishali at Hajipur in connection with Goraul P.S. Case No.60 of 2016 corresponding to G.R.No.1172 of 2016, subject to the conditions that:

((A) One of the bailors shall be his one of the

Patna High Court Cr.Misc. No.23949 of 2016 (2) dt.30-05-2016 parents (B) other bailor shall be either close family member or 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 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;

(D) 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