Anil Kushwaha @ Sandeshji @ Rakesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76901 of 2018 Arising Out of PS. Case No.-101 Year-2016 Thana- NAUHATTA District- Rohtas ====================================================== Anil Kushwaha @ Sandeshji @ Rakesh Mishra, Son of Late Subhag Singh, Resident of Village-Kaser, P.S. Bhagwanpur, District-Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 12.06.2017 in connection with Nauhatta P.S. Case No. 101/2016 registered for the offense punishable under Sections 147/148/149/341/323/ 302/ 120(B)/504/506 of the Indian Penal Code, Section 27 of the Arms Act and Section 13/14/16/18/20 of the U.A.P.A. Act. Learned counsel for the petitioner submits that the name of the petitioner has come in connection with the present case on mere suspicion and he has been remanded in connection with the present case on 12.06.2017. It is further submitted that other persons who were named in the F.I.R. have since been extended the privilege of bail. Learned counsel for the petitioner submits that so far as the criminal antecedent of the

Patna High Court Cr.Misc. No.76901 of 2018(2) dt.10-01-2019 2/3 petitioner is concerned, in the said cases, he has already been extended the privilege of bail and he has no connection with the Naxalite organization.

Considering the aforementioned facts and circumstances, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, 7th, Sasaram at Rohtas, in connection with Nauhatta P.S. Case No. 101/2016, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, 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 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 available as and when so required and in case of failure, the

Patna High Court Cr.Misc. No.76901 of 2018(2) dt.10-01-2019 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T