Ram Naresh Rai @ Naresh Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.49028 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49028 of 2014 Arising Out of PS.Case No. -19 Year- 2010 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ram Naresh Rai @ Naresh Rai son of Baidh Nath Rai 2.Rameshwar Rai son of Baidh Nath Rai Both resident of Village - Hanuman Nagar, P.S. - Rajepur, District - East Champaran (Motihari).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03-03-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 379 and 504 of the Indian Penal Code and Section 27 of Arms Act. Considering that there is a counter version of the occurrence and the dispute was on account of land as also the petitioner has fair antecedent , let the Petitioners, above named, be released on bail on furnishing bail bond of 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 S.D.J.M.,Sikrahana, East Champaran at Motihari in Rajepur P.S. Case No. 19/2010,subject to the conditions:

(i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit

Patna High Court Cr.Misc. No.49028 of 2014 (2) dt.03-03-2015 giving genealogy as to how he is related with the petitioners.

The bailors 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 an 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 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, (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 delay the trial in any manner, their bail will be liable to be cancelled for reasons 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 will be liable to be cancelled.

(Anjana Prakash, J) singh/- U T