Basudeo Prasad @ Basdeo Prasad And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 461 of 2015 Arising out of P.S. Case No. -119 Year- 2014 Thana -PAHARPUR District- EASTCHAMPARAN (MOTIHARI) ===================================================

1. Basudeo Prasad @ Basdeo Prasad, S/o Prayag Prasad.

2. Nand Kishore Prasad, S/o Ram Bilas Prasad.

3. Ram Bilas Singh @ Ram Bilas Prasad, S/o Chuni Prasad.

4. Lalita Devi, W/o Nand Kishore Prasad.

5. Asha Devi, W/o Vijay Prasad. All resident of Village Shishwa, Choube Tola, P.S.-Paharpur, District-East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Adv. For the Opposite Party/s: Mr. Pronati Singh (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, 342, 307, 379 and 504/34 of the Indian Penal Code.

Considering the genesis of the occurrence and the fact that there is a counter-version of the occurrence as also the Petitioners have fair antecedents, let them 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) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 119 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:-

Patna High Court Cr.Misc. No.461 of 2015 (2) dt.08-01-2015 (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.

(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 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 fail to do so on two consecutive dates, their bail will be liable to be cancelled.

Vikash/- (Anjana Prakash, J.) U T