Basdev Singh @ Basdeo Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38151 of 2013 ======================================================

1. Basdev Singh @ Basdeo Singh, Son Of late Ram Chandra Singh, resident Of Village-Dewri, P.S.-Parbatta (Marraiya), District-Khagaria

2. Shivjee Singh, Son Of late Dhanpati Singh, resident Of Village-Dewri, P.S.-Parbatta (Marraiya), District-Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the State of Bihar : Mr. Navin Kumar Pandey, Addl.P.P. For the Complainant : Mr. Ranjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-12-2013 Heard.

The petitioners apprehend their arrest in a criminal prosecution based on a complaint case in which cognizance has been taken for the offences under Sections 406, 420/34 of the Indian Penal Code.

Taking into consideration the fact that the entire criminal case is basically regarding a land dispute between the parties, prayer for anticipatory bail is allowed. In the event of arrest or surrender before the learned court below within a period of four weeks from today, the above

Patna High Court Cr.Misc. No.38151 of 2013 (2) dt.24-12-2013 2 / 2 named petitioners shall be released on furnishing bail bonds of Rs. 25,000/-( twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria, in connection with Complaint Case No. 30C of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

and subject to further conditions that:- (a) One of the bailors must be a government servant or close family member or relation of the petitioners, who will file their separate affidavits in the court below showing their relationship with the petitioners, (b) if the petitioners are found involved in same and similar nature of cases in future, then in that case the complainant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned; and (c) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Prasad Verma, J) Kanth/-