Binod Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44440 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================
1. Binod Singh Son of late Sidhi Singh
2. Sunil Singh Son of late Sidhi Singh
3. Raushan Singh son of Ravi Singh All are resident of Village-Ganga Sarai, P.s Barahiya, District Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.44476 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BARAHIYA District- LAKHISARAI ======================================================
1. Chunnu Singh son of Tripit Singh resident of Village - Ganga Sarai, P.S. Barahiya, District - Lakhisarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.44440 of 2015) For the Petitioner/s : Mr. Krishna Chandra, Advocate For the Opposite Party/s : Mr. Anant Kumar (App) (In Cr.Misc. No.44476 of 2015) For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 10-11-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners are apprehending their arrest in a case registered under Sections 302/34 of the Indian Penal Code.
Patna High Court Cr.Misc. No.44440 of 2015 (3) dt.10-11-2015 Considering the nature of allegations and the fair antecedents of the petitioners and also the post-mortem examination report, let the Petitioners, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No.
105 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (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 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 the ground of misuse.
Patna High Court Cr.Misc. No.44440 of 2015 (3) dt.10-11-2015 the given date and be present on date fixed for charge and if they fails 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. (v) That the Petitioners will be well represented on each date and if they fails to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) P.K./- U T