Ajay Musahar @ Kalendra Musahar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 45690 of 2016 Arising out of P.S. Case No. -260 Year- 2015 Thana - MOHANIA District- BHABHUA (KAIMUR) ============================================== Ajay Musahar @ Kalendra Musahar, Son of Laxman Musahar Resident of Village Telara, P.S. Sheosagar, District Rohtas at present resident of Village Navanagar, P.S. Ramgarh District Bhabua (Kaimur).
.... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
============================================== Appearance :
For the Petitioner/s : Mr. Nand Kumar, Adv. For the Opposite Party/s : Sri Rajendra Prasad Nat, APP. ============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER
02. 25.10.2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code. It is contended on behalf of the petitioner that FIR was lodged against unknown but when the petitioner was arrested in Kudra P.S. Case No. 219 of 2015 lodged under Section 394 IPC, the police remanded him in three other cases including the present one and, though he is in custody since 06.04.2016, he has not been put on Test Identification Parade. Nothing has been recovered from his possession and his implication is based only on his self-incriminating statement.
Having regard to the facts and circumstances of the case, the petitioner, namely, Ajay Musahar @ Kalendra Musahar is directed to be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of
Patna High Court Cr.Misc. No.45690 of 2016 (2) dt.25-10-2016 the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 260 of 2015 subject to the condition that one of the bailors must be a close relative or family member of the petitioner who shall file affidavit before the concerned court giving complete genealogy to show his/her relationship with him and the other bailor shall be the father of the petitioner. That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Kaimur at Bhabhua within fifteen days of his final release from jail after getting bail in all the cases with a copy of this order and every month thereafter for the next six months.
The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police concerned upon his appearance. Vikash/- (Dr. Ravi Ranjan, J.)