IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20121 of 2010
VIKKI KUMAR GUPTA @ VIKKI SON OF SHEO CHARAN
GUPTA, RESIDENT OF VILLAGE NIRALA NAGAR, P.S.
SIWAN, DISTRICT SIWAN --- PETITIONER.
Versus
THE STATE OF BIHAR--OPP. PARTY.
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For the petitioner : Mr. Mahesh Narayan Parbat, Adv.
For the State : Mr. Ram Priya Sharan Singh, A.P.P.
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2/ 15.06.2010 Heard the parties.
In a criminal prosecution for offence under
sections 307, 379/34 and some other allied offences
under the Indian Penal Code in which subsequently
offence under section 411 I.P.C. was added, the
petitioner and three other persons are named in the
F.I.R. as accused.
It is submitted by learned counsel for the
petitioner that on perusal of F.I.R., Annexure-1, it
appears that case under section 307 I.P.C. is not made
out against the petitioner as also against other accused
persons. It is further submitted that co-accused Rabi @
Rabi Kumar, with almost similar and identical allegation
with that of the petitioner has already been granted bail
by a Bench of this Court by order dated 20.05.2010
passed in Cr. Misc. No. 17181 of 2010. The petitioner is
said to have surrendered on 19.02.2010.
In the aforesaid facts and circumstances let
the above named petitioner be enlarged on bail on
-2-
furnishing bail bonds of Rs. 10,000/- with two sureties of
the like amount each to the satisfaction of Chief Judicial
Magistrate, Siwan in connection with Siwan Town P.S.
Case No. 24 of 2010, subject to the conditions :
(A) one of the bailors must be government
servant or close family members of the
petitioner, who will file an affidavit in the
court below showing his/her
relationship with the petitioner and
(B) if the petitioner is found involved in
same and similar nature of cases in
future, then in that case the informant/
prosecution shall be at liberty to file a
petition for cancellation of the bail of the
petitioner, 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 .
( Birendra Prasad Verma, J )
BTiwary/