Nawal Baba @ Surya Deo Mishra @ Surujdeo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8415 of 2015 Arising Out of PS.Case No. -87 Year- 1999 Thana -TEKARI District- GAYA ====================================================== Nawal Baba @ Surya Deo Mishra @ Surujdeo Mishra, Son of Late Ram Mishra, Resident of village - Andher Killa, P.S. Tekari, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha, Adv. : Mr. Shashi Bhushan Singh, Adv.

For the Opposite Party/s : Mr. Sanjay Kr.Pandey, Adv./A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Tekari P.S. Case No. 87 of 1999 registered under Sections 302 and 201 of the Indian Penal Code. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 20.11.2014 passed in Cr. Misc. No. 42124 of 2014 with following observation:

"However, the petitioner would be at liberty to renew his prayer for bail after framing of charges."

It has been contended that charges have

Patna High Court Cr.Misc. No.8415 of 2015 (2) dt.11-03-2015 already framed by the court below on 14th January, 2015.

Regard being had to the observation made in the aforesaid order dated 20.11.2014, petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Tekari P.S. Case No. 87 of 1999 subject to the following conditions:

(a) One of the sureties must be a government servant/elected representative of Panchayat/ Municipality and the other one shall be a close relative of the petitioner;

(b) The petitioner shall not leave the limits of the State of Bihar without prior permission of the trial court;

(c) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person

Patna High Court Cr.Misc. No.8415 of 2015 (2) dt.11-03-2015 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court;

and (d) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move this Court for cancellation of bail.

(Ashwani Kumar Singh, J.) Vats/- U T