Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16040 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Gaurav Kumar son of Devendra Singh, resident of village Madhurapur, Dakhinwari Tola, PS-Teghra, District-Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-04-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bibhutipur P.S. Case No. 40 of 2016 registered for the offence punishable under section 379 of the Indian Penal Code.

The petitioner had earlier moved before this Court for bail in Cr. Misc. No. 43446 of 2016 and this Court, vide order dated 06.10.2016, rejected the same with liberty to renew the prayer after none months of judicial custody. The counsel for the petitioner submits that the petitioner is in custody since 24.05.2016, which has been mentioned in paragraph 8 of this application. Considering the period of custody, let the petitioner,

Patna High Court Cr.Misc. No.16040 of 2017 (3) dt.26-04-2017 2/2 above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Mohammad Alam, the Additional Chief Judicial Magistrate-III, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 40 of 2016, subject to the following conditions:- (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, (iii) The petitioner would cooperate in 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 of the petitioner.

(Shivaji Pandey, J) Mahesh/- U T