Gautam Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.24133 of 2016 (2) dt.01-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24133 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -ARA MUFFSIL District- BHOJPUR ======================================================

1. Gautam Kumar Singh s/o Santosh Kumar Singh Resident of vill - Mahuli, p.s. - Ara Muffasil, Dist - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-06-2016 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Section 395 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the first information report vide Annexure-1 as an accused and also taking into consideration the fact that he has not been put on T.I. parade till date, though, he is in judicial custody since 01.03.2016, and further taking into consideration the fact that no incriminating article has been recovered either from his house or from his possession, as has been asserted in paragraph 9 of the bail petition, 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/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at

Patna High Court Cr.Misc. No.24133 of 2016 (2) dt.01-06-2016 Arrah in connection with Arrah Mufassil P.S. Case No. 7 of 2016 subject to the conditions that :

(A) one of the bailors must be a 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, (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 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 an 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 bond of the petitioner.

(Birendra Prasad Verma, J) Amin/- U