Anil Mahto And ANR. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1676 of 2015 Arising Out of Complaint Case No.970C Year- 2013 District- KHAGARIA ======================================================
1. Anil Mahto, S/o Late Bhagawat Mahto, Resident of village- Raun, P.S.- Alauli, District- Khagaria
2. Umesh Yadav, S/o Raghunandan Yadav, Resident of village- Raun, P.S.- Alauli, District- Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ganesh Yadav, S/o Kokaya Yadav, Resident of village- Raun, P.S.- Alauli, District- Khagaria .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Jagdhar Pd., (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-01-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 420 and 120(B) of the Indian Penal Code.
Considering the nature of allegation against the Petitioners who have fair antecedents, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Complaint Case No. 970C of 2013, shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of
Patna High Court Cr.Misc. No.1676 of 2015 (2) dt.16-01-2015 2/2 the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Chief Judicial Magistrate, Khagaria, 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 affidavit shall clearly state that the petitioners are not accused in any other case and if they are, they shall not be released on bail.
(iii) 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. (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.
(Anjana Prakash, J) S.Ali/- U T