Mintu Tiwary @ Mantu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49815 of 2014 Arising Out of PS.Case No. -185 Year- 2014 Thana -SAHEBGANJ District- MUZAFFARPUR ====================================================== Mintu Tiwary @ Mantu Tiwary s/o Jagdish Tiwary R/o Village - Bangra Nizamat, P.S. - Sahebganj, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Adv. For the Opposite Party/s : Mr. Yogendra Kr. Singh, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-04-2015 The petitioner was granted bail earlier by order dated 26.09.2014 on merits but on condition that an affidavit be filed on his behalf that he has fair antecedent. Since the petitioner was accused in four other cases of the year 1999 2004 and 2005 such an affidavit could not be filed and hence he is in custody. Considering the aforesaid submissions, let the above named petitioner 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 to be fixed by the Court below to the satisfaction of Sub-Divisional Judicial Magistrate(West), Muzaffarpur, in connection with Sahebganj P.S. Case No. 185 of 2014 subject to the following conditions, That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.49815 of 2014 (2) dt.15-04-2015 2/3 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, 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, That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

That the petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this

Patna High Court Cr.Misc. No.49815 of 2014 (2) dt.15-04-2015 3/3 period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police concerned a certificate will be filed by the petitioner before the Court concerned.

The petitioner is directed to deposit Rs. 500/- in the District Legal Aid committee before his release. (Anjana Prakash, J) Prakash/- U T