Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39062 of 2014 Arising Out of PS.Case No. -258 Year- 2013 Thana -MAKHDUMPUR District- JEHANABAD ======================================================

1. Umesh Prasad, son of Iswar Mahto, resident of Chhariyari, P.S. Makhdumpur, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Subhas Singh, Advocate For the Opposite Party/s : Mr. R. B. Roy 'Raman', APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 30-01-2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 147, 148, 149, 341, 323, 307 Indian Penal Code and Section 27 of the Arms Act.

Considering that the occurrence took place on account of land dispute and the Petitioner has fair antecedents, let him (Umesh Prasad) be released on bail on furnishing bail bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Chief Judicial Magistrate, Jehanabad, in connection with Makhdumpur P.S. Case No.258 of 2013, subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving

Patna High Court Cr.Misc. No.39062 of 2014 (2) dt.30-01-2015 2/2 genealogy as to how he is related with the petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on 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 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, and (v) 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.

(Anjana Prakash, J) JA/- U T