Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51088 of 2014 Arising Out of PS.Case No. -333 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Deepak Kumar Son of Late Satya Narain Singh, resident of villageGaighat, P.S. Runni Saidpur, District- Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-05-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-385, 279, 337, 338, 506/34 of the Indian Penal Code and Section-3(I) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and that the petitioner has got no criminal antecedent, this Court by taking into account that though the complainant had alleged of his being deliberately knocked down by a running vehicle by the petitioner and two others but the injury prima facie does not appear to be of such type, this Court is inclined to grant the privilege of anticipatory bail to the petitioner who also has got no criminal antecedent.

Patna High Court Cr.Misc. No.51088 of 2014 (2) dt.14-05-2015 That being so, if the petitioner namely, Deepak Kumar, surrenders within a period of four weeks from today, he would 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 Chief Judicial Magistrate, Sitamarhi in connection with Runni Saidpur P.S. Case No. 333 of 2014, subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioner and if it is found that he is accused in any other criminal case, he shall not be granted bail and would be taken into custody.

(ii) That both the bailors will be 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

Patna High Court Cr.Misc. No.51088 of 2014 (2) dt.14-05-2015 affidavit that they 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 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) Ranjan/- U T