Ramesh Prasad Gupta And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.15551 of 2015 (2) dt.27-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15551 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Ramesh Prasad Gupta S/o Late Radha Prasad Gupta

2. Kanchan Gupta @ Kanchan Prasad Gupta S/o Ramesh Prasad Gupta Both Resident of Village Sanjhauli, P.S. Sanjhauli, District Rohtas, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sipahi Chaudhary S/o late Kesho Chaudhary Resident of Village Sanjhauli, P.S. Sanjhauli, District Rohtas, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-05-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 406/34 of the Indian Penal Code. Considering that apart from circumstantial material there is no direct evidence against the petitioners who has fair antecedent, in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No. 84C of 2014 they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (five

Patna High Court Cr.Misc. No.15551 of 2015 (2) dt.27-05-2015 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 the S.D.J.M Bikramganj Rohtas, subject to the conditions as laid down under sections 438(2) Cr. P. C. (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.

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 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 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) Prakash/- U T