Raju Poddar @ Raju Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 944 of 2016 Arising out of P.S. Case No. -70 Year- 2015 Thana -BEERPUR District- BEGUSARAI ===================================================

1. Raju Poddar @ Raju Kumar Son of Umesh Poddar.

2. Damodar Tanti @ Damodar Das Son of Bhuletan Tanti.

3. Bhutti Tanti Son of late Ram Swaroop Tanti.

4. Arbind tanti @ Arbind Kumar Son of Poli Tanti.

5. Md. Hussain Alam @ Md. Hussain Son of late Md. Naim Alam.

6. Md. Jashim Alam @ Jashim Son of late Sabjan Alam.

7. Arjun Sharma Son of late Janki Sharma All are resident of Village-Saraunja, Tola Laxmipur, Police Station -Birpur in the district of Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Adv. For the Opposite Party/s: Mr. T.N. Thakur (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

02. 12.01.2016 Heard learned counsel for the Petitioners and the State. The Petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 342, 458, 323 504 and 307 of the Indian Penal Code, Section 27 of the Arms Act and Section 10 of U.A.P. Act.

Considering the genesis of the occurrence and the dispute is with regard to land between the parties, let the Petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri Amit Anand, Judicial Magistrate, 1st Class, Begusarai or his successor in connection with Birpur P.S. Case No.

Patna High Court Cr.Misc. No.944 of 2016 (2) dt.12-01-2016 70 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioners who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioners. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the Petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T