Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45005 of 2014 Arising Out of PS.Case No. -339 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Md. Arman Son of Md. Aslam, resident of Village- Gauragrah, P.S.- Biharsharif, District Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-02-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 307 and some other allied offences under the Indian Penal Code as also under Section 27 of the Arms Act and Section 3(1)(x) of the Scheduled castes and Scheduled Tribe (Prevention of Atrocities), Act 1989.

Taking into consideration the fact that in the F.I.R. (Annexure-1) there is general and omnibus allegation against all the accused persons including the petitioner and further taking into consideration that the petitioner is in judicial custody since 24.08.2014, the prayer for bail is allowed. The petitioner above named is directed to 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 339 of 2014, subject to the conditions that:

(A) One of the bailors must be government servant or close family member of the petitioner, who will

Patna High Court Cr.Misc. No.45005 of 2014 (2) dt.04-02-2015 2/2 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 the 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 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