Surendra Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46402 of 2015 Arising Out of PS.Case No. -33 Year- 2015 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Surendra Kumar S/o Late Baleshwar Prasad, R/o Mohalla- New Doctor's Colony, Khandak Par, Bihar Sharif, District- Nalanda At present posted at Electric Executive Engineer Project, Buxar, District- Buxar

2. Dhirendra Kumar @ Dhirendra S/o Late Devendra Prasad, R/o Village + Post- Madhopur, P.S.- Chandi, District- Nalanda. At present posted at Assistant Electric Engineer, Havelli Kharagpur, Munger Division, Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, Spl.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-10-2015 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 504, 506/34 of the Indian Penal Code and 3(i), (ii), (iii) and (x) of the SC/ST (POA) Act. Considering the background of dispute and the fair antecedents of the Petitioners, 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 this order in connection with SC/ST P.S. case No.33 of 2015 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.46402 of 2015 (2) dt.15-10-2015 2/2 satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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 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 be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.