Sahdeo Chaupal @ Deva Chaupal And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 130 of 2015 Arising out of P.S. Case No. -106 Year- 2014 Thana -BAHERI District- DARBHANGA ===================================================
1. Sahdeo Chaupal @ Deva Chaupal Son of Garbhu Chaupal.
2. Garbhu Chaupal Son of Late Chethru Chaupal Both are residents of Vill-Susari,P.S-Baheri,Distt.-Darbhanga. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamran, Adv. For the Opposite Party/s: Mr. Atul Chandra (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 08.01.2015 Heard learned counsel for the Petitioners and the State.
The Petitioners are apprehending their arrest in a case registered under Sections 341, 323, 448, 337, 307, 379 and 504/34 of the Indian Penal Code.
Considering that the Petitioner No. 2 assaulted the Informant on the head and such injury was found on his person, I am not inclined to extend the privilege of anticipatory bail to him. The prayer for anticipatory bail is rejected.
As for Petitioner No. 1, Sahdeo Chaupal @ Deva Chaupal, since the allegation against him is of having assaulted on the waist and there is a counter-version of the occurrence as also he has fair antecedents, let him be
Patna High Court Cr.Misc. No.130 of 2015 (2) dt.08-01-2015 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) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 106 of 2014 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 Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner.
The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his 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.130 of 2015 (2) dt.08-01-2015 dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
Vikash/- (Anjana Prakash, J.) U T