Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.731 of 2015 ====================================================== Satish Kumar, Son of Sri Jairam Prasad, Resident of Mohalla Meena Bazar, P.S-Alamganj, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Malay Kumar Choudhary, Adv. For the Opposite Party/s : Mr. Gopesh Kumar, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 30-01-2015 Heard learned Counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Sections 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

A supplementary affidavit has been filed stating therein that the Petitioner is not an accused in a case instituted for the offence under Section 386 Indian Penal Code but merely under the Provisions of the Arms Act.

Considering that there is no direct material against the Petitioner, let the petitioner above named, 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 to be fixed by the court concerned to the satisfaction of Additional Chief Judicial Magistrate, Patna City, in connection with Alamganj P.S. Case

Patna High Court Cr.Misc. No.731 of 2015 (3) dt.30-01-2015 2/2 No. 221 of 2014, 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. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) 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.

(Anjana Prakash, J) S.Ali/- U T