Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 29311 of 2014 Arising out of P.S. Case No. -62 Year- 2013 Thana -PAROO District- MUZAFFARPUR ====================================================== Pawan Kumar S/o Baidyanath Bhagat Resident of Village Susta Madhopur, P.S. Sadar, District Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Seema Singh, Adv. For the Opposite Party/s: Mr. Md. Ansurul Haque (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.
20.01.2015 Heard learned counsel for the Petitioner and the State.
The Petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Considering that apart from confessional statement of the co-accused there is no other material against the Petitioner and his father undertakes his responsibility, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Subdivisional Judicial Magistrate, (West) Muzaffarpur in connection with Paru P.S. Case No. 62 of 2013 (G.R. No. 919 of 2013, Tr. No. 3043 of 2013) subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii)
Patna High Court Cr.Misc. No.29311 of 2014 (3) dt.20-01-2015 That the bailor shall also state on affidavit that he 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. (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on 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. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
In view of the antecedents of the Petitioner, the Petitioner is directed to appear before the Superintendent of Police, Muzaffarpur within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the Petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioner before the court concerned.
Vikash/- (Anjana Prakash, J.) U T