Vijay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1156 of 2015 Arising out of P.S. Case No. -362 Year- 2013 Thana - TURKAULIYA District- EASTCHAMPARAN (MOTIHARI) =================================================== Vijay Sah Son of Amiri Sah @ Amiri Lal Prasad, Resident of Village- Siswa, P.S.- Banjaria, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s: Mr. Dr. Ajeet Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

16.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code.

Considering that there is no eye-witness account with regard to actual murder and the Petitioner undertakes to be physically present on each date of trial and now that charges have been framed, let the Petitioner, above named be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of 4th Additional Sessions Judge, East Champaran at Motihari in connection with S.Tr. No. 194 of 2014 arising out of Turkauliya (Banjariya) P.S. Case No.

Patna High Court Cr.Misc. No.1156 of 2015 (2) dt.16-01-2015 362 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

Vikash/- (Anjana Prakash, J.) U T