Md. Nurain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30236 of 2014 Arising out of PS.Case No. -102 Year- 2014 Thana -SABAUR District- BHAGALPUR ====================================================== Md. Nurain, Son of Md. Izhar @ Md. Ghokuwa, resident of Village- Fakir Tola, Sabour, P.S.- Sabour, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manohar Prasad Singh, Advocate. For the Opposite Party/s: Mr. Narendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 14-01-2015 Heard learned counsel for the parties.

The allegation against the petitioner for offence under Sections 454/380 of the Indian Penal Code reduced to its entirety will only be either destroying the display board or taking away six bottles of Sarbat/juice. The petitioner has however got no criminal antecedent and has also been continuing by way of interim protection given by this Court in the order dated 25.08.2014. That being so, if the petitioner, namely, Md. Nurain surrenders within a period of four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 102/2014, subject to the following five conditions: (i) That both of the bailors will be a close relative

Patna High Court Cr.Misc. No.30236 of 2014 (5) dt.14-01-2015 2/3 of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is, he shall not be released on bail. (iii) That the bailors 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. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the 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.

Patna High Court Cr.Misc. No.30236 of 2014 (5) dt.14-01-2015 3/3 (v) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U