Guddu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56436 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== GUDDU KUMAR SAH Son of Raj Kumar Sah Resident of Village - Naurangabad, Jittan Chowk, P.S.- Hajipur Sadar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Earlier vide detailed order dated 29.07.2021 passed in Cr. Misc. No. 16878 of 2021, bail application of the petitioner was rejected with an observation that petitioner may renew his prayer for bail after framing of charge.

Learned counsel for the petitioner submits that charge has been framed on 21.08.2021 and a certified copy of the order dated 21.08.2021 passed by learned J.M. 1st Class, Hajipur is being annexed as Annexure 3 to this bail application. In the facts and circumstances of the case and considering the fact that charge has been framed against the petitioner, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.56436 of 2021(2) dt.06-10-2021 2/2 court below where the case is pending/successor Court in connection with Bidupur P.S. Case No. 315 of 2020 subject to the following conditions:

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused 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 ground of misuse.

(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in the case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) GAURAV S./- U T