Kailash Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 49157 of 2014 Arising out of P.S. Case No. -56 Year- 2014 Thana -ARIYARI District- SEKHPURA =================================================== Kailash Chouhan Son of Late Lakhan Chouhan, Resident of Village - Tandapar, Police Station - Aroyari, District - Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Indra Kumar Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

03.03.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 504, 448, 337, 427, 436 and 379 of the Indian Penal Code.

Considering that the Petitioner is in custody since 26.09.2014 and he is accused in only one other case instituted for the same cause of action, 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 Sub-divisional Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. Case No. 56 of 2014 subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an

Patna High Court Cr.Misc. No.49157 of 2014 (2) dt.03-03-2015 affidavit giving genealogy as to how he is related with 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.

The Magistrate concerned is directed to consider amalgamation of the present case with Ariyari P.S. Case No. 119 of 2014 if they arise out of the same transaction. Vikash/- (Anjana Prakash, J.) U T