Babulal Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19815 of 2015 Arising Out of PS.Case No. -230 Year- 2014 Thana -DARIYAPUR District- SARAN ======================================================

1. Babulal Sahani s/o Late Dhanna Sahani

2. Sanoj Sahni s/o Late Dhanna Sahani, Both are resident of village- Barua, P.S.- Dariyapur, Distrioct- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Bhushan Prasad Sinha For the Opposite Party/s : Mr. Sunil Kr.Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-05-2015 Heard the parties.

The petitioners seek bail in a criminal prosecution registered under Section 392 of the Indian Penal Code. Taking into consideration the fact that the petitioners are not named in the F.I.R., vide Annexure-1, as accused, and further taking into consideration the fact that no recovery of looted article have been made either from their house or from their possession and further taking into consideration the fact that the petitioners are said to be the first offenders, their prayer for bail is allowed. The petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 25,000/- each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Dariyapur P.S. Case No. 230 of 2014, subject to the conditions that:

(A) One of the bailors must be a government servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners,

Patna High Court Cr.Misc. No.19815 of 2015 (2) dt.28-05-2015 2/2 (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 the 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) BTiwary/- U T