Nepali Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42592 of 2018 Arising Out of PS.Case No. -38 Year- 2015 Thana -KADIRGANJ District- PATNA ====================================================== Nepali Bind, Son of Sita Ram Bind @ Sitab Bind, Resident of VillagePakaura, Police Station- Kadirganj, District- Patna .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 28.02.2018 in connection with Kadirganj P.S. Case No.38 of 2015 registered for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that a general and omnibus allegation has been made against the petitioner and no specific role has been attributed to him. Similarly situated co-accused, who has been named along with the petitioner in the F.I.R., has since been extended the privilege of regular bail in Cr. Misc. No.7334 of 2016, vide order dated 12.04.2016 and one Akhilesh Bind and another
Patna High Court Cr.Misc. No.42592 of 2018 (3) dt.26-07-2018 2/3 have also been granted anticipatory bail in Cr.Misc. No.13470 of 2016, vide order dated 08.04.2016.
Considering the fact that the petitioner's case stands similarly placed and the petitioner has three other criminal antecedents, in which he has already been granted bail, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Masaurhi, Patna, in connection with Kadirganj P.S. Case No.38 of 2015, subject to the following conditions:
(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the
Patna High Court Cr.Misc. No.42592 of 2018 (3) dt.26-07-2018 3/3 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T