Md. Kaushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19248 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -MANSAHI District- KATIHAR ====================================================== Md. Kaushar Son of Sk. Murshid, R/o Kewala Milik, P.S. - Amdabad, District - Katihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mansahi P.S. Case No. 50 of 2014 registered for offence under section 392 of the Indian Penal Code. As per the first information report, the informant was looted by the accused persons and the name of the petitioner has surfaced during investigation.

The counsel for the petitioner submits that neither T.I.P. has been done nor any recovery has been made and similarly situated persons, namely, Chhotu Poddar has already been granted bail by this Court in Cr. Misc. No. 6451 of 2015. Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.19248 of 2015 (2) dt.16-06-2015 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 Sri B.B.Rai, Judicial Magistrate 1st class, Katihar in connection with Mansahi P.S. Case No. 50 of 2014, 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 and (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.

(Shivaji Pandey, J) Mahesh/- U