Jai Prakash Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22338 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Jai Prakash Gupta S/o Laxmi Sah R/o Village Gobarsahi, P.S. Sadar, District Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-08-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-147, 148, 149, 323, 436, 109, 440, 353/34 and that the petitioner has given explanation that his earlier prayer of anticipatory bail was rejected on an incorrect information given by his counsel and that the co-accused having identical allegation have been granted privilege of anticipatory bail by order dated 20.03.2015 in Criminal Miscellaneous Number-43090 of 2014, this Court in order to maintain parity shall also grant the
privilege of anticipatory bail to the petitioner. That being so, if the petitioner namely, Jai Prakash Gupta, surrenders within a period of four weeks from today, he would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Muzaffarpur in connection with Sadar P.S. Case No. 71 of 2014, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody.
(ii) That both the bailors will be close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to
inform the Court if there is any change in the address of the petitioner.
(iii) That the bailor shall also state on affidavit that they 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.
(iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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. (v) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U