Hari Narayan Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.45606 of 2015 (2) dt.14-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45606 of 2015 Arising Out of PS.Case No. -215 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Hari Narayan Prasad S/o Late Ramdeo Bhagat Resident of Village Dhumnagar, Kachahari Tola, P.S. Nautan, District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhileshwar Kumar Shrivastva, Adv. For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 14-10-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Section(s) 147, 148, 149, 323, 324, 304, 327, 332, 333, 337,338,353/120B of the of the Indian Penal Code. Considering the facts of the case and that the petitioner is a government servant as also he has fair antecedent, in the event of surrender/arrest of the Petitioner, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Nautan P.S. Case No.

215 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, West Champaran, at Bettiah subject to the conditions as laid down under sections 438(2) Cr. P.

Patna High Court Cr.Misc. No.45606 of 2015 (2) dt.14-10-2015 relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, 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, That the bailor 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, That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on 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.

That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Prakash/- U T