Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.870 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -Piprakothi District- Eastchamparan(Motihari) ====================================================== Baban Singh son of late Jagan Singh.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. A.Haque(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-01-2016 Heard learned counsel for the Petitioner and the State. The Petitioner seeks bail in a case instituted for the offence under Section(s) 147, 148,149,323, and 302 of the Indian Penal Code and 27 of the Arms Act.

In view of the order passed in Cr. Misc. No. 41065 of 2013 and after the said order final report was submitted as against the petitioner but cognizance was taken disagreeing with the final report only on 16.10.2015, In the event of surrender/arrest of the Petitioner, named above who has fair antecedent, within four weeks from the date of receipt/production of a copy of this order in connection with Pipra Kothi P.S. Case No. 110 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (five thousand) with two sureties of the like amount each or any other

Patna High Court Cr.Misc. No.870 of 2016 (2) dt.12-01-2016 2/3 surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Motihari District East Champaran, subject to the conditions as laid down under sections 438(2) Cr. P. C.

That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his 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, That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

Patna High Court Cr.Misc. No.870 of 2016 (2) dt.12-01-2016 3/3 That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Anjana Prakash, J) Prakash/- U T