Sanjay Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36381 of 2014 Arising Out of PS.Case No. -109 Year- 2012 Thana -KANTI District- MUZAFFARPUR ====================================================== Sanjay Kumar Raut S/o Late Yogendra Raut, Resident of Village Fulkahan Mani, P.S. Kanti, O.P. Panapur Kariyat, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate. For the Opposite Party/s : Mr. M. K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Heard learned counsel for the parties.

Having regard to the nature of offence under Sections 323, 307, 354 and 379/34 of the Indian Penal Code and under Sections 3, 4 and 5 of the Witch Practices Act and that there is delay of more than three months in lodging of the criminal case as also the petitioner has got no criminal antecedent, this Court would direct the petitioner, namely, Sanjay Kumar Raut to surrender within a period of four weeks from today and if he does so, the court below shall grant bail to the petitioner on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the S.D.J.M. (West) Muzaffarpur in connection with Kanti (Panapur O.P.) P. S. Case No. 109 of 2012, subject to the following conditions:

(i) That both the bailors will be close family relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with

Patna High Court Cr.Misc. No.36381 of 2014 (2) dt.20-02-2015 2/2 the petitioner. The bailors 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 accused in any other case and if he is, he shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they 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 and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U