Nandan Kumar @ Nandan Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42778 of 2016 Arising Out of PS.Case No. -62 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Nandan Kumar @ Nandan Poddar, son of Late Parmanand Poddar, Resident of village- Rauta, P.S.- Sour Bazar, District- Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered for offences punishable under Sections 399, 402, 414/34 379 of the Indian Penal Code and Sections 1 (1-b)A/26 (ii)/35 of the Arms Act. It is contended that petitioner has falsely been implicated in this case on the allegation of keeping illegal firearm. It is further contended that other co-accused, namely, Rajeev Kumar @ Rajeev Yadav, Rajesh Kumar and Santosh Kumar have already been granted bail vide orders dated 20.08.2016, 24.05.2016 and 24.08.2016 passed in Cr. Misc. Nos. 32354/2016, 17106/2016 and 36271/2016 respectively by coordinate Benches of this Court. It is urged that the petitioner is in custody since 6.02.2016. Considering the facts and circumstances of the case, the

Patna High Court Cr.Misc. No.42778 of 2016 (2) dt.17-10-2016 2/3 petitioner, above-named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.62/2016, with a further 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. If the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds.

That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Supaul within fifteen days of his release 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.

Patna High Court Cr.Misc. No.42778 of 2016 (2) dt.17-10-2016 3/3 the Superintendent of Police concerned upon his appearance. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T