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Patna High CourtCR. MISC./49767/2014bail granted

Naresh Kamati @ Naresh Kamat And ANR. v. The State Of Bihar

2015-03-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49767 of 2014 Arising Out of PS.Case No. -152 Year- 2014 Thana -BASOPATTI District- MADHUBANI ======================================================

1. Naresh Kamati @ Naresh Kamat, Son of late Vishun Kamat

2. Sarvesh Kumar Bhagat, Son of Ram Chandra Bhagat, Both resident of Village- Kataiya (Jhit - Kohiya) P.S.- Basopatti, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Durgesh Nandan, Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-03-2015 Heard.

The petitioners seek bail in a criminal prosecution registered under Section 7 of the E.C. Act.

Taking into consideration the fact that the petitioners are in judicial custody since 18.09.2014 and they are not accused in any other criminal case excepting the present one, their prayer for bail is allowed. The petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.25,000/- each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Madhubani in connection with Basopatti P.S.Case No.152 of 2014, subject to the conditions that: (a) One of the bailors must be government servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioner, (b) if the petitioners are found involved in same and similar nature of cases in future, then in that case the

Patna High Court Cr.Misc. No.49767 of 2014 (2) dt.03-03-2015 informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(c) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Prasad Verma, J) Arvind/- U T