Mantu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22470 of 2014 Arising out of P.S. Case No. -690 Year- 2013 Thana - HAJIPUR District- VAISHALI(HAJIPUR) =================================================== Mantu Kumar Son of Nanda Mahto Resident of village - Hath Sarganj, P.S. Town Hajipur, District - Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Jain, Adv. For the Opposite Party/s: Mr. S. Eheteshanuddin (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 06.

06.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 353 and 307/34 of the Indian Penal Code and Sections 27 and 35 of the Arms Act.

Considering that for recovery of arms the Petitioner is in custody since 10.10.2013 and his father undertakes his responsibility, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri R.R. Singh, Judicial Magistrate, 1st Class, Vaishali at Hajipur (or its successor) in connection with Hajipur Town P.S. Case No. 690 of 2013 subject to the following conditions:-

Patna High Court Cr.Misc. No.22470 of 2014 (6) dt.06-01-2015 (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 and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he 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.

(iii) 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. (iv) 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.

Vikash/- (Anjana Prakash, J.) U T