Mintu Singh @ Jaswant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36347 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BARIYARPUR District- MUNGER ====================================================== Mintu Singh @ Jaswant Singh S/o Late Bom Bhola Singh Resident of Village Kalyanpur, Police Station Bariyarpur, District Munger. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37100 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BARIYARPUR District- MUNGER ====================================================== Bablu Singh @ Langra, son of late Loknath Singh, resident of Village Kalyanpur, P.S. Bariyarpur, Dist. Munger.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.36347 of 2014) For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Pramod Kr.Pandey(App) (In Cr.Misc. No.37100 of 2014) For the Petitioner/s : Mr. Shivendra Kumar Sinha For the Opposite Party/s : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Having regard to the nature of allegation for offence under Section 147, 148, 149, 323, 506 & 379 of the I.P.C. and Section 27 of the Arms Act and the fact that the informant claims to be a Manager of the Public Prosecutor at whose instance the criminal prosecution has been launched in relation to the plot, in dispute, this Court would direct that if the petitioner, namely, Mintu Singh @ Jaswant Singh in Cr. Misc. No. 36347 of 2014 and Bablu Singh @ Langra in Cr. Misc. No. 37100 of 2014 surrender

Patna High Court Cr.Misc. No.36347 of 2014 (2) dt.20-02-2015 before the Court below within a period of four weeks from today, the court below shall grant bail to the petitioners on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Munger in connection with Bariyarpur P.S. Case No. 12 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions namely:- (i) That both the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors 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 an accused in any other case and if the 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 and

Patna High Court Cr.Misc. No.36347 of 2014 (2) dt.20-02-2015 every date in course of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Rishi/- U T