Bechan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48109 of 2014 Arising Out of PS.Case No. -101 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Bechan Bhagat S/o Late Mahadeo Bhagat, Resident of Village-Mela Ground, Latauna North P.S.-Triveniganj, District-Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 307/149 and some other allied offences under the Indian Penal Code.

Taking into consideration the fact that there are case and counter case from both sides vide Annexure-1 and 2, respectively and further taking into consideration the fact that the petitioner is alleged to be merely an order giver and he is in judicial custody since 10.07.2014, his 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 Judicial Magistrate, Supaul in connection with Triveniganj P.S. Case No. 101 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 file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and

Patna High Court Cr.Misc. No.48109 of 2014 (2) dt.20-02-2015 2/2 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