← Library
Patna High CourtCR. MISC./38655/2014bail granted

Amit Kumar v. The State Of Bihar

2015-01-14Mr. Justice Gopal Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38655 of 2014 Arising Out of PS.Case No. -115 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Amit Kumar, son of Vijay Singh, resident of Village- Dhanushi, P.S. Kartaha, District- Vaishali (Hajipur).

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.41592 of 2014 Arising Out of PS.Case No. -115 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Rajiv Kumar, S/O Munchun Rai @ Mritunjay Rai, resident of VillageSadiauta, P.S. Bhagwanpur, District- Vaishali. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.43651 of 2014 Arising Out of PS.Case No. -115 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Md. Shakil @ Shakil, son of Md. Gazeudin, resident of Village- Repura Ganga Ram Tola, Ward No. 16, P.S. Lalganj, District- Vaishali at Hajipur. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.48220 of 2014 Arising Out of PS.Case No. -115 Year- 2014 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Md. Naaz, son of Md. Shahid, resident of Village- Ataullahpur, P.S. Lalganj, District- Vaishali.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.38655 of 2014) For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Md.Arif(App) (In Cr.Misc. No.41592 of 2014) For the Petitioner/s : Mr. Sunil Kumar Singh

For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) (In Cr.Misc. No.43651 of 2014) For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Gulnar Begum (App) (In Cr.Misc. No.48220 of 2014) For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 14-01-2015 Heard learned counsel for the petitioners and learned counsel for the State.

Four bail petitions are being heard together and disposed of by common order as four cases arise in connection with Lalganj P.S. Case No. 115 of 2014 registered under Sections 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioners in Cr. Misc. No. 38655 of 2014, Cr. Misc. No. 43651 of 2014 and Cr. Misc. No.48220 of 2014 has submitted that in these bail petitions, petitioners have no criminal antecedent.

Having regard to the facts and circumstances of the case, the above named petitioners, namely, Amit Kumar, Md. Shakil @ Shakil and Md. Naaz atr directed to the released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Rajeev Ranjan Singh 1st Class, Judicial Magistrate, Vaishali, in connection with Lalganj P.S. Case No. 115 of 2014, subject to the condition one of the bailors shall be close relative of the petitioners and he will file an affidavit to this effect that above named petitioners have no criminal antecedent and trial court after

being satisfied shall accept the bail bond of the petitioners. Learned counsel for the petitioner in Cr. Misc. No. 41592 of 2014, namely Rajiv Kumar is concerned, submits that this petitioner has criminal antecedent and except this case four cases are pending against him.

Having regard to the facts and circumstances of the case, the petitioner namely, Rajiv Kumar, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rajeev Ranjan Singh 1st Class, Judicial Magistrate, Vaishali, in connection with Lalganj P.S. Case No. 115 of 2014, subject to condition that one of the bailors shall be near relative of the petitioner who will file an affidavit to this effect that petitioner shall not indulge in such activity in future and any such activity is reported to the trial court then trial court shall cancel his bail bond of above named petitioner.

m.p.

(Gopal Prasad, J) U