Sonu Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28165 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Sonu Kumar son of late Suresh Lal

2. Vikash Kumar son of late Suresh Lal, Both resident of Village-Chapaur, P.S. Dhanarua District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudra Deo, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Section 47 of the Excise Act and 137 of the Railway Act.

Considering the period of custody and the fair antecedents of the Petitioners, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Special Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No.75 of 2016, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.28165 of 2016 (2) dt.13-07-2016 2/2 he is related with the petitioners.

The bailor will undertake to furnish information to the Court about any change in address of the petitioners, (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he 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 ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.