Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6357 of 2014 Arising out of P.S. Case No. -109 Year- 2012 Thana - DUMRIAGHAT District- EASTCHAMPARAN(MOTIHARI) =================================================== Bhola Rai Son of Late Nagendra Rai Resident of Mohala - Semuapur, Badharwa Khurd. Dist. East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s: Ms. Meena Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13.

07.10.2015 No one appears on behalf of the Petitioner.

The Counsel for the State produces a Report from the S.P. East Champaran at Motihari and the S.I. Officer In-charge of Dholahat P.S. District South 24 Parganas, West Bengal from which it appears that there is no possibility of the trial coming to an end on account of non-appearance of the witnesses.

In view of Such, 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 as fixed by the Court to the satisfaction of 5th Additional Sessions Judge, East Champaran in connection with Dumariyaghat P.S. Case No. 109 of 2012 subject to the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.6357 of 2014 (13) dt.07-10-2015 Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the mother of 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 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 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. (iv) That the Petitioner will be physically present on each date of trial and if he fails to do so on two consecutive dates without reasonable cause, his bail shall stand automatically cancelled.

Vikash/- (Anjana Prakash, J.) U T