Prabhu Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32081 of 2014 Arising Out of PS.Case No. -30 Year- 2014 Thana -PIPRA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Prabhu Sah, son of late Sita Ram Sah

2. Navin Kumar, son of Prabhu Sah Both resident of village - Jagingra, P.S. Pipra, Distt. - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rohit Kumar, Adv. For the State : Mr. Ajay Kr. 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 09-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Considering the genesis of the occurrence and the relationship between the Parties, let the Petitioners above named, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Pipra P.S. Case No. 30 of 2014 subject to the following conditions: (i) That one of the bailors will be a close

Patna High Court Cr.Misc. No.32081 of 2014 (3) dt.09-01-2015 2/2 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 delay 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. (Anjana Prakash, J) S.