Omkar Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14904 of 2022 Arising Out of PS. Case No.-1073 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Omkar Nath S/O Kishore Kumar Singh R/o village- Bhakura, P.S.- Mufassil, District- Bhojpur, at present of Mohalla- Ram Jaipal Nagar, Gola Road, P.S.- Rupaspur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Kamlesh Kumar, Advocate Ms. Kahkashan Alam, Advocate For the State :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the informant. The petitioner seeks bail in connection with Phulwari Sharif P.S. Case No.1073 of 2019, registered for the offences punishable under Sections 420, 406, 467, 468, 506 and 34 of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 27.09.2021, passed in Cr. Misc. No.11743 of 2021 with liberty to renew his prayer after framing of charge.

Learned counsel for the petitioner submits that charge has been framed against the petitioner on 23.12.2021 vide Annexure-4. It is further submitted that similarly situated other

Patna High Court CR. MISC. No.14904 of 2022(3) dt.11-05-2022 2/3 co-accused persons have been granted bail by this Court as well as by different co-ordinate Benches of this Court. Taking into consideration the fact that similarly situated other co-accused persons have been granted bail, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-Ixth-cum-A.C.J.M., Patna in connection with Phulwari Sharif P.S. Case No.1073 of 2019, subject to the following conditions:-

(1) 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. He will also undertake to inform the court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bonds shall be liable to be cancelled.

(3) That the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at

Patna High Court CR. MISC. No.14904 of 2022(3) dt.11-05-2022 3/3 liberty to move cancellation of his bail bond.

(4) That the bailors 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 proceeding for cancellation of bail on the ground of misuse.

(Anjani Kumar Sharan, J.) Sanjay/- U T