Anil Kumar Roy @ Anil Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73567 of 2018 Arising Out of PS. Case No.-273 Year-2016 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Anil Kumar Roy @ Anil Roy, son of Ram Pukar Roy, resident of village Bhalura, P.S. Aurai, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13 For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 28.12.2016 in connection with L.N.M.U. P.S. Case No. 273 of 2016 arising out of Sessions Trial No. 448 of 2017 for the offence registered under Sections 414 of the Indian Penal Code and Section 25 (1B)a, 26, 35 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.
Learned counsel for the petitioner submits that on the last occasion when the prayer for bail was rejected, the Court had observed that if the charges are not framed within a period of five months, the petitioner will be at liberty to renew his prayer for bail in the Court below. It is further submitted that
Patna High Court CR. MISC. No.73567 of 2018(4) dt.14-03-2019 2/3 now the charges have been framed but the petitioner has been languishing in jail from 28.12.2016. It is further submitted that similarly situated co-accused person has been extended the privilege of bail by the Court below having similar allegation. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 1st Additional Sessions Judge, Darbhanga in connection with L.N.M.U. P.S. Case No. 273 of 2016, subject to the following conditions:-
1. One of the bailors will be his own blood relative, preferably, father, mother, son, brother, sister and/or his wife.
2. The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
3. The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
4. The petitioner shall co-operate with the investigation, if not already concluded, and make himself
Patna High Court CR. MISC. No.73567 of 2018(4) dt.14-03-2019 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Jagdish/- U T