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Patna High CourtCR. MISC./42259/2022bail granted

Lalu Kumar @ Ashish Kumar v. The State Of Bihar

2023-04-26Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42259 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== LALU KUMAR @ ASHISH KUMAR Son of Banti Mandal Resident of village - Purani Sarai, P.S.- Nathnagar, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41266 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== ANANT KUMAR @ ANTA @ ANAND KUMAR SON OF NEERAJ MANDAL @ NEERAJ KUMAR R/O VILLAGE- PURNAI SARAI, P.S.- NATHNAGAR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 42259 of 2022) For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay (In CRIMINAL MISCELLANEOUS No. 41266 of 2022) For the Petitioner/s :

Mr. Ashutosh Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-04-2023 Re:- Cr. Misc. No. 42259 of 2022 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Nathnagar P.S. Case No. 409 of 2021 registered for the offence under Section 395 of the Indian Penal Code.

Considering the fact that the petitioner is in custody since 03.03.2022 and he has no antecedents of similar nature

2/4 and has not been put on T.I. Parade, this application is allowed. Let the petitioner, above named, 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 the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Nathnagar P.S. Case No. 409 of 2021.

The petitioner will give an undertaking in the Court below that he will stay in the house of his relative Shatrughan Kumar S/o Sri Jay Prakash Mandal, Village- Sakrigali Ashram near Bandargah, P.O.- Sakrigali, P.S.- Sahibganj Muffasil, District- Sahebganj, State- Jharkhand.

He will only come to Bhagalpur to participate in the cases in which the dates are fixed at Bhagalpur. After the petitioner is released on bail he will report the Sahibganj Muffasil Police Station along with a copy of this order and inform the SHO of Sahibganj Muffasil Police Station that he is staying with his relative Shatrughan Kumar and whenever he will leave the jurisdiction of Sahibganj Muffasil Police Station he will inform the Sahibganj Muffasil Police Station about his departure and he will also give entire program and reason as to why he is leaving the jurisdiction of Sahibganj Muffasil Police Station.

3/4 After attending the dates at Bhagalpur he will again report the Sahibganj Muffasil Police Station. This arrangement should be followed till the disposal of the trial in the present case.

Re:- Cr. Misc. No. 41266 of 2022 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Nathnagar P.S. Case No. 409 of 2021 registered for the offence under Section 395 of the Indian Penal Code.

Considering the fact that the petitioner is in custody since 03.03.2022 and he has no antecedents of similar nature and has not been put on T.I. Parade, this application is allowed. Let the petitioner, above named, 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 the learned Additional Sessions Judge-III-cum-Special Judge (SC/ST Act), Bhagalpur in connection with Nathnagar P.S. Case No. 409 of 2021.

The petitioner will give an undertaking in the Court below that he will stay in the house of his relative Ajay Mondal S/o Sri Mohan Mandal, Village- Manikpur Mauza, P.O.-

4/4 Bhagaiya, P.S.- Borahata Meharman, District- Godda, StateJharkhand. He will only come to Bhagalpur to participate in the cases in which the dates are fixed at Bhagalpur. After the petitioner is released on bail he will report the Borahata Meharman Police Station along with a copy of this order and inform the SHO of Borahata Meharman Police Station that he is staying with his relative Ajay Mandal and whenever he will leave the jurisdiction of Borahata Meharman Police Station he will inform the Borahata Meherman Police Station about his departure and he will also give entire program and reason as to why he is leaving the jurisdiction of Borahata Meharman Police Station After attending the dates at Bhagalpur he will again report the Borahata Meharman Police Station.

This arrangement should be followed till the disposal of the trial in the present case.

(Sandeep Kumar, J) Vikas/- U T