Dayanand Ranjan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36376 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================
1. Dayanand Ranjan S/o - Ram Raj Ram Resident of jVillage - Bharkhara, P.S. - Dhansoin, District - Busar,
2. Pappu Kumar Ranjan @ Pappu Ram S/o - Dayanand Ranjan Resident of jVillage - Bharkhara, P.S. - Dhansoin, District - Busar,
3. Ashok Ram S/o - Ramraj Ram Resident of jVillage - Bharkhara, P.S. - Dhansoin, District - Busar.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-147, 148, 149, 341, 323, 353, 504 of the Indian Penal Code, while this Court would be inclined to grant privilege of anticipatory bail to the petitioner no. 2, Pappu Kumar Ranjan @ Pappu Ram and petitioner no. 3, Ashok Ram, but the same cannot be extended to petitioner no. 1, Dayanand Ranjan, inasmuch as, he is a teacher of the School who is said to have insulted and assaulted the headmaster.
Thus, the prayer for anticipatory bail of petitioner no. 1, Dayanand Ranjan is hereby rejected.
It is however made clear that nothing said in this order, will come in the way of petitioner no. 1 in surrendering before the Court below and praying for regular bail.
Reverting back to the case of rest of two petitioners this Court would direct that if the petitioner no. 2, Pappu Kumar Ranjan @ Pappu Ram and petitioner no. 3, Ashok Ram, would surrender within a period of four weeks from today, they would be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxer in connection with Dhansoin P.S. Case No. 80 of 2014 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That both the bailors will be close relative of the petitioners who will give 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 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.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioners will be well represented on each and every date 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) Ranjan/- U