Nanku Kumar v. The State Of Bihar

CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 2 12-12-2012 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in Gaurichak P.S. Case No.2136/2011 registered for the offence punishable under Sections 341, 323, 504, 506, 379/34 of the I.P.C. and Section 3 (1) (x) of S.C./ST Act. It is submitted that all the accused including the petitioner was granted anticipatory bail vide order dated 13.02.2012 passed in Cr. Misc. No.45210 of 2011 by a Bench of this Court subject to condition that petitioners have no criminal antecedent, but since the petitioner has criminal antecedent vide Gaurichak P.S. Case No.14/2010 in which cognizance has been taken under Sections 341, 323, 504/34 of the I.P.C. in which he is on bail, as such, he could not be released. Considering the facts and circumstances of this case, the above-named petitioner is directed to be released on bail on Patna High Court Cr.Misc. No.44225 of 2012 (2) dt.12-12-2012 2 furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in Gaurichak P.S. Case No.136/2011 with the following conditions:

One of the bailors will be the close relative of the petitioner. The petitioner will not indulge in similar or in any other offence. The petitioner will be well represented in the court. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the concerned court and he will be taken into custody. (Amaresh Kumar Lal, J) V.K. Pandey/-