Rishu Kumar @ Rishu Kumar Singh @ Rishu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45023 of 2014 Arising Out of PS.Case No. -181 Year- 2014 Thana -HUSAINGANJ District- SIWAN ====================================================== Rishu Kumar @ Rishu Kumar Singh @ Rishu Singh, Son of Shivjee Singh, Resident of Village- Sakin Laxmipur (Kirani Babu Ka Hata), P.O.+P.S.+District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Kamlednra Prasad Singh Mr. Shyama Kant Singh For the Opposite Party/s : Mr. Nityanand Tiwary, Addl.P.P. ====================================================== 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 Section 395 of the Indian Penal Code. It is submitted that the petitioner is neither named in the FIR nor any incriminating article has been recovered either from his house or from his possession. It is further pointed out that till date he has not been put on T.I. Parade, though he is in judicial custody since 30.07.2014.

Taking into consideration the aforesaid aspects, 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, Siwan in connection with Hussainganj P.S.Case No.181 of 2014, subject to the conditions that:

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

Patna High Court Cr.Misc. No.45023 of 2014 (2) dt.04-02-2015 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 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;

(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 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