Vikash Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 28374 of 2016 Arising out of P.S. Case No. -78 Year- 2016 Thana -KESARIA District- EASTCHAMPARAN(MOTIHARI) =================================================== Vikash Dubey Son of Dashrath Dubey resident of VillageChiutaha, P.S.- Kotwa, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s: Mr. APP.

=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

14.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 302 and 201 of the Indian Penal Code.

Considering that apart from confessional statement there is no cogent material against the Petitioner who has fair antecedents, let him 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 11th Additional Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesariya P.S. Case No. 78 of 2016 subject to the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.28374 of 2016 (2) dt.14-07-2016 Petitioner who will give an affidavit giving genealogy as to how he is related with 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 affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) 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.

(iv) 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. (v) That 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. Vikash/- (Anjana Prakash, J.)