Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48438 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -RANIYATALAB District- PATNA ======================================================
1. Gautam Kumar, son of Sri Raja Ram Mahto, resident of villagePakrondha, P.S.- Rani Talab District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Shankar Pd. Singh, Advocate For the Opposite Party/s : Mr. G. S. Gupta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 16-10-2015 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in a case instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 504, 307 Indian Penal Code.
Considering that on the same day a case under Section 366-A Indian Penal Code was instituted against Rohit Kumar, who is named in the First Information Report as witness, it is ordered that in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/ production of a copy of this order in connection with Rani Talab P.S. Case No.21 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Judicial Magistrate, 1st
Patna High Court Cr.Misc. No.48438 of 2015 (2) dt.16-10-2015 2/2 class, Danapur, Patna, subject to the conditions as laid down under Section 438(2) Cr. P. C. and (i) That one of the bailors will be a close relative of the Petitioner, who will give an affidavit giving genealogy as to how he is related with the Petitioner.
The bailors will undertake to furnish information to the court about 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 give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, and (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Anjana Prakash, J) JA/- U T