Manoj Kumar @ Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46282 of 2015 Arising Out of PS.Case No. -155 Year- 2012 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Manoj Kumar @ Manoj Yadav, Son of Kinnu Yadav, resident of village - Khair Bigha, P.S. and District - Arwal .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar, Adv. For the State : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 30-03-2016 Supplementary affidavit filed on behalf of the Petitioner, be kept on the record.

Heard learned Counsel for the petitioner and the State. The petitioner was refused bail by the order dated 16.12.2014 passed by this Court in Cr. Misc. 50193 of 2014. Considering the period of custody undergone by the Petitioner and the undertaking that his nephew (Bhagina) Raj Kishor Vidyarthi, let the petitioner above named, 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 to be fixed by the court concerned to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Arrah, in connection with Udwant Nagar P.S. Case No. 155 of 2012, subject to the conditions, (i)

Patna High Court Cr.Misc. No.46282 of 2015 (3) dt.30-03-2016 2/3 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 shall be the nephew (Bhagina) of the Petitioner namely, Raj Kishor Vidyarthi. 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. In view of the antecedents of the Petitioner, he is directed to appear before the Superintendent of Police, Bhojpur at Arrah, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months.

Patna High Court Cr.Misc. No.46282 of 2015 (3) dt.30-03-2016 3/3 the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioner before the court concerned.

(Anjana Prakash, J) S.Ali/- U T