Ashish Kumar @ Anshu @ Aashu @ Ashish @ Aashutosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15290 of 2017 Arising Out of PS.Case No. -115 Year- 2015 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Ashish Kumar @ Anshu @ Aashu @ Ashish @ Aashutosh S/o Vijay Singh R/o Ramdhanpur Gabra, P.S.-Kotwali, District-Gaya .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rina Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Rail Gaya Case No.115 of 2015 registered for offences punishable under Sections 395 & 412 of the Indian Penal Code. The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. It is submitted on behalf of the petitioner that there is nothing against the petitioner except the confessional statement of the co-accused. The petitioner is named in five other cases but he is on bail in all those cases. Furthermore, the other accused persons having similar allegation has already been granted bail by this Court, vide order dated 11.5.2016 passed in Cr. Misc. No.13866 of 2016. The petitioner is in custody for more than ten

Patna High Court Cr.Misc. No.15290 of 2017 (5) dt.19-05-2017 2/3 months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, and the other accused persons having similar allegation has already been granted bail by this Court, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Rail, Gaya in connection with Gaya Rail P.S.case No.115 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(iv) In future, if his active participation is found in any similar type of case, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.15290 of 2017 (5) dt.19-05-2017 3/3 U