Balgovind Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26375 of 2016 Arising out of P.S. Case No. -234 Year- 2016 Thana - PHULWARI District- PATNA =================================================== Balgovind Sao Son of Ram Janam Sao, Resident of VillageNagwan, P.S. Janipur, Dist- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rudra Deo, Adv. For the Opposite Party/s: Sri Ajay Kumar -2, APP. =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

12.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 325 and 307/34 of the Indian Penal Code.

Considering the relation-ship between the parties and the fact of counter-version as also the clean antecedent of the Petitioner, 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 Ms. Shema Eram, Judicial Magistrate, 1st Class, Patna or his successor in connection with Janipur P.S. Case No. 234 of 2016 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will

Patna High Court Cr.Misc. No.26375 of 2016 (2) dt.12-07-2016 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.) U T