Laxmi Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.52922 of 2017 (2) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52922 of 2017 Arising Out of PS.Case No. -318 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Laxmi Kumar .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bindhyachal Singh, Advocate and Ms.Smriti Singh, Advocate For the Opposite Party : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

FIR alleges that the petitioner snatched informant's ATM card and tried to flee away from the ATM point, when she refused to take his help.

Counsel for the petitioner submits that the FIR is against unknown and he has been apprehended by the nearby people on suspicion and no ATM card has been recovered from him in the instant case. In paragraph 3 of the bail petition, petitioner has stated that he has also been implicated in three more cases and in most of them he is on bail. Petitioner is in custody since 12.5.2017. Out of the same incident, Hajipur Town Police Station Case No. 319 of 2017 has also been lodged by the police in which he (Laxmi Kumar) has already been allowed bail by order dated 3.10.2017, passed in Cr.Misc.No.47127 of 2017. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hajipur (Vaishali in

Patna High Court Cr.Misc. No.52922 of 2017 (2) dt.09-11-2017 Hajipur Town Police Station Case No. 318 of 2017 on the following conditions:- (a) 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 him. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (b) 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.

(c) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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