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Patna High CourtCR. MISC./47628/2014bail granted

Ramakant Singh v. The State Of Bihar

2015-03-03Mr. Justice Ajay Kumar Tripathi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47628 of 2014 Arising Out of P. S. Case No. -268 Year- 2014 Thana -MOTIHARI TOWN District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Ramakant Singh Son of Late Ram Charitra Singh, Resident of villageMahmada, P.S.- Patahi, District- East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51476 of 2014 Arising Out of PS.Case No. -268 Year- 2014 Thana -MOTIHARI TOWN District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Kanhaiya Lal Prasad S/o Bhikhari Yadav Resident of Village Sareya, Tola, Gadhwa, P.S. Paharpur, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.229 of 2015 Arising Out of PS.Case No. -268 Year- 2014 Thana -MOTIHARI TOWN District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Kanhaiya Mishra son of Late Ramji Mishra Resident of village Tiwari Tola Dariyapur, Police Station Sangrampur, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.1303 of 2015 Arising Out of PS.Case No. -268 Year- 2014 Thana -MOTIHARI TOWN District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Birendra Rai son of Late Lagan Rai, resident of Jail Murarpur, Bhagaut Bazar, P.S. Harsidhi, District East Champaran .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.47628 of 2014) For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) (In Cr.Misc. No.51476 of 2014)

Patna High Court Cr.Misc. No.47628 of 2014 (2) dt.03-03-2015 2/3 For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. J.N.Thakur(App) (In Cr.Misc. No.229 of 2015) For the Petitioner/s : Mr. Sarva Deo Singh For the Opposite Party/s : Mr. Madhuranand Jha (App) (In Cr.Misc. No.1303 of 2015) For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER *************** 02.

03.03.2015 Heard learned counsel for the parties.

The petitioners seek bail in a case instituted for the offence under sections 302, 120B and 34 of the Indian Penal Code.

Considering that apart from the vague suspicion of involvement of the petitioners in the said occurrence, there is no cogent material against the petitioner and they have fair antecedent.

Let the petitioners, above-named, in all the four cases, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P. S. Case No. 268 of 2014, subject to the conditions:

(i) that the bailors will be close relative of the petitioners, who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors

Patna High Court Cr.Misc. No.47628 of 2014 (2) dt.03-03-2015 3/3 will undertake to furnish information to the Court about 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 bailors shall also state on affidavit that they will inform the court concerned, if the petitioners are implicated in any other case of similar nature after they released 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 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 delays the trial in any manner, their bail will be liable to be cancelled for the reason of misuse; and (v) that the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. (Ajay Kumar Tripathi, J.) SKM/- U T