Patna High CourtCR. MISC./38212/2014bail granted

Gulshan Kumar v. The State Of Bihar

2015-01-20Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35224 of 2014 Arising Out of PS.Case No. -176 Year- 2014 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Moni Kumar @ Mani Kumar @ Maniya S/o Fulena Singh R/o Bihat (Ebrahimpur Tola), P.S. Barauni, District Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.38212 of 2014 Arising Out of PS.Case No. -176 Year- 2014 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Gulshan Kumar Son of Shri Munna Singh resident of village- Bihatm, Tola- Ibrahimpur, P.S.- Barauni, District- Begusarai .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.35224 of 2014) For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) (In Cr.Misc. No.38212 of 2014) For the Petitioner/s : Mr. Dr. Kislay For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 364, 302,201/34 of the Indian Penal Code.

Considering that there is no direct material against the petitioners, let the Petitioners, above named, be released on bail on furnishing bail bond of Rs.5,000/-(Five Thousand) each with two sureties of the like amount each or any other surety to be

Patna High Court Cr.Misc. No.35224 of 2014 (3) dt.20-01-2015 2/2 fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 176 of 2014 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners.

The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) that the bailors shall also state on affidavit that they will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse,(iii) that the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, and (iv) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.