Ram Umesh Roy @ Ram Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13995 of 2015 Arising out of P.S. Case No. -70 Year- 2012 Thana -HASANPUR District- SAMASTIPUR =================================================== Ram Umesh Roy @ Ram Umesh Rai S/o Late Ramcharitra Roy Resident of village - Rampur, P.S. Hasanpur, District - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s: Mr. Indra Kumar Singh (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 302 and 379/34 of the Indian Penal Code.

The Petitioner was refused bail by order dated 22.02.2013 but with liberty to renew his prayer for bail after framing of charge. Annexure-3 reveals that now charges have been framed.

Considering the same, 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 Additional Sessions Judge, Rosera, Samastipur in connection with S.Tr. No. 249 of 2014 arising out of Hasanpur P.S. Case No. 70 of 2012 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

Patna High Court Cr.Misc. No.13995 of 2015 (2) dt.15-04-2015 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.

The Trial Court is directed to send a list of the witnesses fixing specific dates for production of the witnesses along with a copy of this order, to the Superintendent of Police, Samastipur, and the Superintendent of Police, Samastipur is directed to ensure production of the witnesses on the date so fixed by the Trial Court so that there is no further delay in trial.

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