Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49090 of 2016 Arising Out of PS.Case No. -259 Year- 2015 Thana -TARAIYA District- SARAN ====================================================== Sandeep Kumar S/o Anil Ojha @ Bhola Ojha, resident of Village- Parsa Mathura, P.S.- Parsa, District- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Taraiya P.S. Case No. 259 of 2015 registered for offence under section 392 of the Indian Penal Code. The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 23715 of 2016 and this Court, vide order dated 31.05.2016, rejected the same with liberty to renew his prayer for bail after completion of nine months in jail-custody. The counsel for the petitioner submits that the petitioner is in custody since 05.02.2016.

Looking to the period of custody, let the petitioner, above named, be released on bail on his furnishing bail bond of

Patna High Court Cr.Misc. No.49090 of 2016 (2) dt.23-11-2016 2/2 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran in connection with Taraiya P.S. Case No. 259 of 2015, subject to the condition that (i) one of the bailors shall be father/mother/wife/son of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T