Ramayan Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31844 of 2014 Arising Out of PS.Case No. -42 Year- 2014 Thana -PATORI District- SAMASTIPUR ====================================================== Raj Kumar Das @ Ram Kumar Das, S/o Gariban Das, resident of village Dasahra Balupr, P.S. Patori, District Samastipur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39528 of 2014 Arising Out of PS.Case No. -42 Year- 2014 Thana -PATORI District- SAMASTIPUR ======================================================

1. Ramayan Das, son of Gariban Das

2. Ramesh Das, son of Ram Ekbal Das

3. Ramadhar Das, son of late Amir Lal Das All resident of village - Dasahara Balupar, P.S. - Patori, District - Samastipur.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.31844 of 2014) For the Petitioner/s : Mr. Amitabh Bhardwaj, Adv/ For the Opposite Party/s : Mr. Sanjay Kumar Sharma, (APP) (In Cr.Misc. No.39528 of 2014) For the Petitioner/s : Mr. Amitabh Bhardwaj, Adv. For the Opposite Party/s : Mr. S.D.Singh Yadav (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 341, 323, 302, 307, 504 and 506/34 of the

Patna High Court Cr.Misc. No.31844 of 2014 (3) dt.09-01-2015 2/3 Indian Penal Code.

Considering the genesis of the occurrence as also the period of custody and the fair antecedents, let the Petitioner 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 Ad-hoc Additional District and Sessions Judge, 3rd, Samastipur, in connection with Sessions Trial No. 228 of 2014 arising out of Patori (Mohanpur O.P.) P.S. Case No. 42 of 2014 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.

Patna High Court Cr.Misc. No.31844 of 2014 (3) dt.09-01-2015 3/3 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. (v) 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