Ram Bharosh Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 49179 of 2014 Arising out of P.S. Case No. -108 Year- 2014 Thana - DUMRIAGHAT District- EASTCHAMPARAN(MOTIHARI) =================================================== Dinesh Kumar Patel Son of Ram Sewak Patel Resident of Village - Kushahar P.S. - Turkaulia District - East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== with Criminal Miscellaneous No. 49464 of 2014 Arising out of P.S. Case No. -108 Year- 2014 Thana - DUMRIAGHAT District- EASTCHAMPARAN(MOTIHARI) ===================================================
1. Ram Bharosh Sahani S/o - Bhola Sahani Resident of Panditpur Malahi Tola, P.S. - Pipra Kothi, Distt. - Champaran.
2. Nandu Sahani S/o - Mahendra Sahani R/o Malahi Tola Madhu Chapra, P.S. - Pipra Kothi, Distt. - East Champaran.
3. Chandeshwar Sahani S/o - Kripal Sahani R/o Jalha, P.S. - Shangrampur, Distt. - East Champaran.
4. Pandit Sahani S/o Hari Sahani Resident of Barkurwa, P.S. - Kotwa, Distt. - East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
(In Cr.Misc. No.49179 of 2014) For the Petitioner/s : Mr. Ansul, Adv. For the Opposite Party/s: Mr. Satyendra Prasad (APP) (In Cr.Misc. No.49464 of 2014) For the Petitioner/s : Mr. Umesh Kumar, Adv. For the Opposite Party/s : Mrs. Rita Verma (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.
03.03.2015 Heard learned counsel for the Petitioners and the State.
Patna High Court Cr.Misc. No.49179 of 2014 (2) dt.03-03-2015 The Petitioners seek bail in a case instituted for the offences under Sections 414, 406 and 420/34 of the Indian Penal Code.
Considering that the Petitioners are in custody since 24.09.2014 and have no criminal antecedents as also their father undertake their responsibility, let them be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sri G. Mishra, Judicial Magistrate, 1st Class, East Champaran at Motihari in connection with Dumaria Ghat P.S. Case No. 108 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 and the other bailor shall be the father of 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.
Patna High Court Cr.Misc. No.49179 of 2014 (2) dt.03-03-2015 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 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. Vikash/- (Anjana Prakash, J.) U T