Sajan Kumar Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5310 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Sajan Kumar Singh son of Chamak Lal Singh

2. Akshay Kumar Singh @ Ajay Kumar Singh son of Sone Lal Singh, both resident of village- Karuna Basa, P.S.- Alam Nagar, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 12-02-2016 Heard the parties.

The petitioners apprehend their arrest in a criminal prosecution registered under Section 379 of the Indian Penal Code.

Taking into consideration the fact that the petitioners are not named in the first information report, vide Annexure-1, as accused and the petitioners were suspected during course of investigation and further taking into consideration the fact that no other criminal case, except the present one, is pending against them, as per submission of the learned counsel for the petitioners, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail.

In the event of arrest or surrender in the court below within a period of four weeks from today, let the above named two petitioners be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Uda Kishunganj, Madhepura in

Patna High Court Cr.Misc. No.5310 of 2016 (2) dt.12-02-2016 2/2 connection with Alam Nagar P.S.Case No. 25 of 2015. subject to conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the further conditions that :

(A) one of the bailors must be government servant or close family member of the petitioners who will file an affidavit in the court below showing their relationship with the petitioners, (B) if the petitioners are 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 bail of the petitioners, 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, and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Prasad Verma, J) Tahir/- U T