Ashok Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1204 of 2015 Arising Out of PS.Case No. -14 Year- 2011 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ashok Nishad son of Sri Bhagwat Nishad, resident of village -Paras Sirisia, Ps-Sewarahi, District-Kushi Nagar, Uttar Pradesh. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Maheshwar Prasad For the Opposite Party/s : Mr. Subhash Chandra Mishra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sugauli (Bettiah) Rail P.S. Case No. 14/2011 registered for offence under section 395 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 43954 of 2013 and this Court, vide order dated 21st October 2013, rejected the same but liberty was given to renew his prayer for bail after one year.

The counsel for the petitioner submits that the petitioner is custody since 23rd April 2013.

Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.1204 of 2015 (2) dt.14-01-2015 2/2 sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Bettiah, West Champaran in connection with Sugauli (Bettiah) Rail P.S. Case No. 14/2011, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T