Kalyan Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44542 of 2018 Arising Out of PS.Case No. -70 Year- 2009 Thana -BANGAON District- SAHARSA ====================================================== Kalyan Raut, Son of Late Khusilala Raut, Resident of Village- Ambedkar Nagar, Ward No.17, P.S. & District- Supaul.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner : Mr. Binod Kumar Sinha, Advocate Mr. Ashok Kumar, Advocate For the S t a t e : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 13.05.2018 in connection with Bangaon P.S. Case No.70 of 2009 registered for the offence under Sections 406, 409, 420 and 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier, vide Annexure 1, the petitioner along with others had been extended the privilege of pre-arrest bail, but due to certain unforeseen circumstances, which included the natural calamity in the district of Saharsa, the petitioner could not file his bail bonds and, therefore, he could not avail the privilege of prearrest bail. He has now been arrested and is willing to face the

Patna High Court Cr.Misc. No.44542 of 2018 (2) dt.13-08-2018 2/3 trial. Learned counsel for the petitioner, however, submits that the petitioner shall appear on each and every date and shall be present at the time of framing of charge and shall co-operate in the investigation and also the trial.

Considering the aforementioned submissions, 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 A.C.J.M.-1st, Saharsa, in connection with Bangaon P.S. Case No.70 of 2009, subject to the following conditions:

(1) One of the bailors will be his own blood relative, preferably, 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 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the

Patna High Court Cr.Misc. No.44542 of 2018 (2) dt.13-08-2018 3/3 State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T