D.K. Singh @ Durgesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32843 of 2016 Arising Out of PS.Case No. -210 Year- 2013 Thana -RAJPUR District- BUXAR ====================================================== D.K. Singh @ Durgesh Kumar Singh son of Nimish Singh Resident of Village- Sisradh , P.S. - Rajpur, District-Buxar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance:
For the Petitioner : Mr. Bachan Jee Ojha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-09-2016 It appears that in the order dated 31.08.2016 the grant of anticipatory bail to the petitioner was, through sheer typographical error, stated as provisional bail being confirmed.
2. In the above view of the matter, para 4 of the order dated 31.08.2016 shall be treated as corrected to read as follows - "4. Having regard to the entirety of the facts and circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Rajpur P.S. Case No. 210 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned."
Patna High Court Cr.Misc. No.32843 of 2016 (4) dt.28-09-2016
3. The order dated 31.08.2016 is modified to the above extent.
(Vikash Jain, J) Chandran/ Md. Ibrarul U T