Bahadur Sah @ Bahadur Kumar Gupta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1001 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -NAUTAN District- SIWAN ======================================================

1. Bahadur Sah @ Bahadur Kumar Gupta son of Ram Ayodhya Sah

2. Ram Ayodhya Sah son of Late Ram Prasad Sah

3. Pawan Sah son of Ram Ayodhya Sah

4. Kamlesh Sah @ Gautam Sah son of Ram Ayodhya Sah

5. Mukul Prasad son of Hardeo Prasad

6. Rohit Sah son of Ram Ayodhya Sah All R/o Village - Pachlakhi, P.S. - Nautan, Dist - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-01-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 448, 307, 379 and 504.34 of the Indian Penal Code.

Considering the counter version of the occurrence and the background of land dispute, let the petitioners above named, who have fair antecedents, 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 Nautan P.S. case No.128 of 2015 on furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.1001 of 2016 (2) dt.12-01-2016 2/2 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 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 delay 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.