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Patna High CourtCR. MISC./4207/2018bail granted

Santosh Ram v. The State Of Bihar

2018-01-31Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4207 of 2018 Arising Out of PS.Case No. -228 Year- 2015 Thana -MANJHI District- SARAN ======================================================

1. Santosh Ram S/o Raj Kumar Ram R/o Village- Mehandiganj P/S-Manjhi District-Saran .... Petitioner

Versus

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

For the Petitioner : Mr. Anant Kumar Bhaskar, Adv. For the Opposite Party : Mr. Braj Kishore Prasad, APP 90 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and the learned counsel for the State.

In this case the petitioner is seeking bail in connection with Manjhi P.S. Case No. 228 of 2015 for offence under Section 395 of the Indian Penal Code.

This is a third attempt of the petitioner. Earlier the petitioner has moved in Cr. Misc. No. 39466 of 2016 and the same was rejected vide order, dated 17.09.2016, where-after the petitioner, again, moved before this Court in Cr. Misc. No. 4547 of 2017 and that was also rejected vide order, dated 12.04.2017, but, the liberty was given to renew the prayer of bail after completion of one year and six months in custody. The petitioner, in the present case, was remanded on 03.06.2016. Looking to the observation made earlier by this Court and the period of the custody of the petitioner, let the petitioner,

Patna High Court Cr.Misc. No.4207 of 2018 (2) dt.31-01-2018 2/2 named above, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Manjhi P.S. Case No. 228 of 2015 to the satisfaction of the learned Additional Chief Judicial Magistrate, V, Saran at Chapra, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner, (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail, (iii) the petitioner would cooperate the proceeding of the Court below.

In the event of failure to appear on two consecutive dates, the Court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Manjhi Police Station by 7th of every month for at least six months and in case of failure without any valid thyme and reason, the bail of the petitioner will be treated to have been cancelled.

(Shivaji Pandey, J) SA/- U T