Dipu Bhaiya @ Dipu Lal Bhaiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17843 of 2017 Arising Out of PS.Case No. -76 Year- 2016 Thana -VISHNUPAD District- GAYA ======================================================
1. Dipu Bhaiya @ Dipu Lal Bhaiya Son of Damodar Bhaiya resident of Mohalla- Karsilli, Police Station- Vishnupad, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-04-2017 Heard Mr. Baxi S.R.P. Sinha learned senior counsel for the petitioner, Mr. Shivendra Prasad for the informant as well as the State.
In view of the liberty granted to him under order dated 19.11.2016 (Annexure-1), the petitioner has renewed his prayer for grant of bail. Under the said order, his prayer for bail was rejected but granting liberty to renew his prayer for bail after four months. It is submitted that out of the seven criminal cases of identical similar nature at least in two of them he has been acquitted. It is not the prosecution case that any grievous or serious injury was caused by the petitioner.
Mr. Prasad, counsel for the informant, however, points out that the case has now been committed to the court of
Patna High Court Cr.Misc. No.17843 of 2017 (2) dt.12-04-2017 2/2 the session.
Considering the facts and circumstances of the case, particularly the observations made in order dated 19.11.2016, I direct release of the petitioner on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya in connection with Vishnupad P.S. case No. 76 of 2016, subject to the following conditions:
(i) Both the bailors shall be the own/close family member of the petitioner.
(ii) In the event of framing of charge, the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T