Tunnu Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51192 of 2014 Arising Out of PS.Case No. -121 Year- 2011 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Tunnu Barnwal S/o- Valmiki Barnwal, R/O- Village- Bherihari (Bheriharwa), P.S.- Sathi, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajeet Kumar For the Opposite Party/s : Mrs. Indu Bala Panday(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 19-05-2015 Heard learned counsel for the parties.

Having regard to the nature of omnibus allegation for offence under Section 147, 148, 149, 188, 295, 295(A), 153(A) and 353 of the Indian Penal Code against a large number of persons and there being nothing specific allegation against the petitioner as also the fact that other co-accused persons, having similar allegation, have already been granted anticipatory bail by order dated 23.12.2013, 12.12.2013, 25.3.2014 and 2.8.2014 in Cr. Misc. Nos. 38158 of 2013, 47281 of 2013, 4616 of 2014 and 21998 of 2014 respectively and that the petitioner has also got no criminal antecedent, this Court would direct that if the petitioner, namely, Tunnu Barnwal surrenders before the court below within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, West

Patna High Court Cr.Misc. No.51192 of 2014 (2) dt.19-05-2015 Champaran, Bettiah in connection with Sathi P.S. Case No. 121 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with 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 an 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) Rishi/- U T