Krishna Mohan Upadhyay And ORS v. State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 34439 of 2010 ===================================================
1. Krishna Mohan Upadhyay, S/o Late Hirdaya Nand Upadhyay, R/o Mohalla-Mithanpura, P.S.-Mithanpura, DistrictMuzaffarpur.
2. Satish Chandra Jha, S/o Late Krishna Chandra Jha, Rtd. Head of Department of Sanskrit, BRA Prihar University, Muzaffarpur and Ex-Chairman Dr.
Ramjee Mehta Adarsh Sanskrit Mahabidyalaya, Muzaffarpur at present resident at MohallaShastri Nagar, Kanhauli, P.S.-Mithanpura, District-Muzaffarpur.
3. Birendra Jha, S/o Late Diwakar Jha, R/o Mohalla-Kanhauli Bishandutt, P.S.-Mithanpura, District-Muzaffarpur, In-charge Principal, Dr. Ramjee Mehta, Adarsh Sanskrit Mahavidyalaya, Muzaffarpur.
4. Veena Mishra, W/o Sashikant Pathak, R/o Mohalla-Durgapuri, Malighat, P.S.-Mithanpura, District-Muzaffarpur, Lecturer in Sahitya, Dr. Ramjee Mehta Adarsh Sanskrit Mahavidyalaya, Muzaffarpur.
5. Anjani Kumar Mishra, S/o Late Aryan Mishra, R/o Mohalla/Village-Soti Veriyahi, P.S.-Kanti, District-Muzaffarpur at present working as Night Guard in Dr. Ramjee Mehta Adarsh Sanskrit Mahavidyalaya, Muzaffarpur.
6. Sanjay Kumar Ram, S/o Lalu Ram, R/o Mohalla-Jail Chowk, P.S.-Town, District-Muzaffarpur working as Peon in Dr. Ramjee Mehta Adarsh Sanskrit Mahavidyalaya, Muzaffarpur.
7. Awadhesh Kumar Jha, S/o Sri Niranjan Jha, Village-Gugati, P.S.- Sakra, District-Muzaffarpur, Lecturer in the department of Vyakaran in Dr. Ramjee Mehta Adarsh Sanskrit College Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. A.B.Ojha, Adv. For the Opposite Party/s: Mr. Shyam Bihari Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
08. 27.01.2015 Heard learned counsel for the Petitioners and the State. The Petitioners are apprehending their arrest in a case registered under Sections 420, 467, 471 and 120B of the Indian Penal Code.
Considering the merits of the case, 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 the order on furnishing bail bonds
Patna High Court Cr.Misc. No.34439 of 2010 (8) dt.27-01-2015 of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Smt. Anindita Singh, Judicial Magistrate, 1st Class, Muzaffarpur (or its successor) in connection with Complaint Case No. C2115 of 2001 (Tr. No. 580 of 2010) 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 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 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