Laxmi Mukhia And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -BHIMPUR District- SUPAUL ======================================================
1. Laxmi Mukhia, son of Ram Lakhan Mukhia
2. Lalit Mukhia, son of Kalicharan Mukhia
3. Kalicharan Mukhia, son of late Daurik Mukhia
4. Uttimlal Mukhia, son of late Ram Dhari Mukhia
5. Geeta Devi, wife of Lalit Mukhia
6. Jitu Mukhia, son of Daurik mukhia
7. Debu Mukhia, son of Daurik Mukhia
8. Phulchand Mukhia, son of Laxmi Mukhia
9. Ravindra Mukhia, son of Laxmi Mukhia All of them areresident of village Jeewachhpur, P.S. Bhimpur, Distt. Supaul .... .... Petitioner/s
Versus
1. The State of Bihar
2. Molhi Kukhia, son of late Soman Mukhia, resident of village Jeewachhpur, P.S. Bhimpur, Distt. Supaul.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 08-01-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 147, 148, 149, 341, 323, 448, 485, 420, 406 and 468 of the Indian Penal Code. Considering the nature of dispute, it is ordered that in the event of surrender/arrest of the Petitioners, named above who have fair antecedents, within four weeks from the date of receipt/production of a copy of this order, in connection with Bhimpur P.S. Case No. 26 of 2014, shall be released on
Patna High Court Cr.Misc. No.17 of 2015 (2) dt.08-01-2015 2/3 anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under Section 438(2) Cr. P.C. and (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 bailor 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 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 the 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.
Patna High Court Cr.Misc. No.17 of 2015 (2) dt.08-01-2015 3/3 their bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T