Patna High CourtCR. MISC./48138/2014bail granted

Udai Paswan v. The State Of Bihar

2015-02-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48138 of 2014 Arising Out of PS.Case No. -64 Year- 2014 Thana -MAGADH MEDICAL COLLEGE DistrictGAYA ====================================================== Udai Paswan Soon of Ramprit Paswan, resident of village- Kusari, Police Station- Magadh Medical and District- Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-02-2015 Heard the parties.

The petitioner seeks bail in a criminal prosecution registered under Sections 302/34 of the Indian Penal Code. Taking into consideration the fact that the entire criminal prosecution case is based on suspicion and surmises and there is no eye witness of alleged occurrence of murder and the petitioner is in judicial custody since 16.06.2014, his prayer for bail is allowed. The petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Magadh Medical C.H. P.S. Case No. 64 of 2014, subject to the conditions that:

(A) One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case

Patna High Court Cr.Misc. No.48138 of 2014 (2) dt.20-02-2015 2/2 the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Birendra Prasad Verma, J) BTiwary/- U T