Raghubir Ravidas @ Raghubir And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45326 of 2014 Arising Out of PS.Case No. -145 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Raghubir Ravidas @ Raghubir Son of Late Saukhi Ravidas
2. Manoj Ravidas @ Manoj Son of Raghubir Ravidas Both Resident of Village-Ben, P.S.-Ben, District-Nalanda.
.... .... Petitioner/s
Versus
1.The State of Bihar
2. Chhedi Rabidas s/o Late Ram Briksh Rabidas, resident of village Mahgupur, P.S. Noorsarai, District Nalanda.
.........Complainant ====================================================== with Criminal Miscellaneous No.51279 of 2014 Arising Out of PS.Case No. -145 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================
1. Kameshwar Ravidas S/o Dhannu Ravidas
2. Pappu Ravidas S/o Kameshwar Ravidas
3. Ram Pravesh Ravidas S/o Sokhi Ravidas All are Resident of Village Ben, Police Station Ben in the District of Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioners for the offences punishable under Sections-302/120B of the Indian Penal Code and that complicity of the petitioners was not found when the police had investigated and submitted final form
and complainant thereafter had filed the protest petition in which cognizance has been taken, this Court taking into account that the petitioners have also got no criminal antecedent would direct that if the petitioners namely, Raghubir Ravidas @ Raghubir, Manoj Ravidas @Manoj, Kameshwar Ravidas, Pappu Ravidas, Ram Pravesh Ravidas surrender within a period of four weeks from today, would be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Complaint Case No. 145C of 2013 subject to the conditions laid down under Section- 438 (2) Cr. P.C and also subject to the following conditions:- (i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be
granted bail and would be taken into custody. (ii) That both the bailors will be close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(iii) That the bailors shall also state on affidavit that they 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 their 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 the 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 and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) Ranjan/- U