Karamchari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46934 of 2014 Arising Out of PS.Case No. -214 Year- 2014 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Karamchari Sah S/o Shri Hiralal Sah Resident of Village Bhoura, Police Station Balthar, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the parties.

Having regard to the nature of offence alleged under sections 414/420/467/468/ 471 of the Indian Penal Code as also the fact that no recovery of any stolen vehicle and/or motorcycle was made from the conscious possession of the petitioner and that till the date of filing of the present criminal case against the petitioner he had no criminal antecedent, this Court would direct that if the petitioner, Karamchari Sah, would surrender in the court below within a period of four weeks from today, he shall 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 the Addl. Chief Judicial Magistrate, Bettiah, West Champaran in Chanpatia P.S.Case No. 214/2014, with the following conditions:

(i) That the court below shall make verification of

Patna High Court Cr.Misc. No.46934 of 2014 (2) dt.23-04-2015 criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case save and except the present one and Bettiah Town P.S.Case No. 532/2014, he shall not be granted bail and would be taken into custody. On the other hand, if the petitioner has only aforesaid one more criminal case pending against him he would be released on bail.

(ii) That both the bailors will be a 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 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 the date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his

Patna High Court Cr.Misc. No.46934 of 2014 (2) dt.23-04-2015 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) surendra/- U