Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13593 of 2015 Arising out of P.S. Case No. -113 Year- 2014 Thana -MANER District- PATNA =================================================== Shashi Kumar Son of Surendra Kumar Singh Resident of Goraia Asthan Neel Kanth Tola P.S. Maner, Distt. - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Adv. For the Opposite Party/s: Mr. Sangita Sharma (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

15.04.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 387, 386, 307/34, 353 and 120B of the Indian Penal Code and Sections 25(1-B) A, 26, 27, 30 and 35 of the Arms Act.

The Petitioner was refused bail by order dated 25.09.2014 but with liberty to renew his prayer for bail after framing of charge. It has been mentioned in Paragraph 11 that charges were framed on 09.03.2015. The Trial Court is directed to verify the aforesaid fact and if it is found true, the Petitioner, above named is directed to 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

Patna High Court Cr.Misc. No.13593 of 2015 (2) dt.15-04-2015 the satisfaction of Additional Sessions Judge-VI, Danapur, Patna in connection with S.Tr. No. 161 of 2015 arising out of Maner P.S. Case No. 113 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 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 well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)