Diwali Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6394 of 2016 Arising Out of PS.Case No. -374 Year- 2015 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Diwali Bind Son of Ram Bind resident of Village - Malhipur Bind Toli, P.S. - Barauni (Chakiya), District : - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Jitendra Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Barauni P.S. Case No. 374 of 2015 registered for offences under sections 395 and 412 of the Indian Penal Code. Allegation has been made, the accused persons were allegedly trying to commit theft of wire from Transformer, but they were caught.

The counsel for the petitioner submits that two coaccused persons, namely, Rajan Paswan and Sunil Bind have already been granted bail by this Court in Cr. Misc. Nos. 5348 of 2016 and 5679 of 2016 Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.6394 of 2016 (2) dt.29-02-2016 2/2 let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 374 of 2015, 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 (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 and (iv) the petitioner will report to Barauni police station by 7th of every month for atleast six months. In case of failure without any rhyme and reason, the bail of the petitioner will be deemed to have been cancelled.

(Shivaji Pandey, J) Mahesh/- U T