Patna High CourtCR. MISC./49817/2014bail granted

Niraj Kumar @ Neeraj Kumar v. The State Of Bihar

2015-03-03Mr. Justice Gopal Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49817 of 2014 Arising out of P. S. Case No. - 11 Year - 2014 Thana - PARAIYA District - GAYA ======================================================

1. Niraj Kumar @ Neeraj Kumar, Son of Shiv Nandan Mistri, resident of Village - Nalli, P.S. - Magadh Medical, Distt. - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Section 395 of the Indian Penal Code.

The First Information Report is against unknown. Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner nor he has been put on Test Identification Parade though the petitioner is in jail since last eight months.

However, from the order of the learned Sessions Judge, it is apparent that the motorcycle by which the offence has been committed belongs to Amit Kumar, the brother of this petitioner and petitioner has got criminal antecedent and even the father of the petitioner admitted about the criminal nature of the petitioner.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, is ordered to be released on bail on

Patna High Court Cr.Misc. No.49817 of 2014 (2) dt.03-03-2015 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Paraiya P. S. Case No. 11 of 2014, subject to the condition that one of the bailors shall be the brother of the petitioner who will file affidavit to the effect that the petitioner shall not involve in such type of activity in future and if he will involve in any such type of activity the bailor shall inform the court and if any information is given to the court his bail shall stand cancelled and further the petitioner shall file Hazari in the nearest police station once in a fortnight for one year.

Kundan/- (Gopal Prasad, J.) U T