Rajendra Prasad Singh @ Rajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20161 of 2015 Arising Out of PS.Case No. -410 Year- 2014 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ====================================================== Rajendra Prasad Singh @ Rajendra Singh S/o Late Doman Singh Resident of Village Mohiuddinpur, P.S. Bidupur, District Vaishali at Hajipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Dr. Ravindra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 05-10-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under Sections 147, 148, 149, 341, 324, 307, 337, 338, 429, 418, 427 of the Indian Penal Code and Section 27 of the Arms Act and that the petitioner is said to be a person aged about 85 years having no criminal antecedent and the petitioner has also not been ascribed any role in the alleged occurrence save and except his being also being a member of unlawful assembly with 15 other named and 40 to 50 unnamed person in the First Information Report, this Court would be inclined to grant privilege of anticipatory bail to the petitioner primarily on the ground of his old age.
That being so, if the petitioner, namely, Rajendra Prasad Singh alias Rajendra Singh surrenders before the court below within a period of four weeks from today, he shall be released on bail on
Patna High Court Cr.Misc. No.20161 of 2015 (3) dt.05-10-2015 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 410 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioner, who will undertake an affidavit giving genealogy as to how they are related with the petitioner. The bailors 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 bailors shall also state on affidavit that they 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.
(iv) That the petitioner will be well represented on each and every date in course of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone. (Mihir Kumar Jha, J) Rishi/- U T