High Court Patna High Court - Orders

Sunil Kumar Mahajan vs The State Of Bihar on 22 July, 2011

Patna High Court – Orders
Sunil Kumar Mahajan vs The State Of Bihar on 22 July, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.17955 of 2011
                 Sunil Kumar Mahajan son of Vishwanath Prasad resident of Gabhtal
                 P.S. Danapur, District Patna                 ..........Petitioner
                                               Versus
                 The State of Bihar                      ................Opposite Party.
                                             -----------

3 22.07.2011 Heard.

In a criminal prosecution registered under sections

399and 402 of the Indian Penal Code as also under section 25

(1B) (a), 26/35 of the Arms Act, petitioner and two other

accused persons were allegedly apprehended by the police in the

wee hours on 6.11.2010. It is submitted that some other co-

accused persons have already been granted bail and petitioner is

in judicial custody since 8.11.2010 as such he deserves to be

enlarged on bail.

In the facts and circumstances of the case, the above

named petitioner is directed to be released on bail on furnishing

bail bond of Rs. 10,000/- (ten thousand) with two sureties of like

amount each to the satisfaction of A.C.J.M, Danapur in

connection with Khagaul P.S. Case No. 123 of 2010 subject to

the conditions:

(a) That one of the bailors must be Govt. servant or

close family member of the petitioner who will file an affidavit

in the court below showing his/her relationship with the

petitioner.

(b) If the petitioner is found involved in same and

similar nature of cases in future, then in that case the
2

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.

(c) The petitioner shall make regular pairvi in the

court below in the present case either by appearing himself in

person or through representation by his lawyer on each and

every dates, and if on two consecutive dates petitioner fails to

make pairvi, then the court below shall be at liberty to cancel

the bail bond of the petitioner.

Rahman/                             ( Birendra Prasad Verma, J.)