Manoj Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48957 of 2014 Arising Out of PS.Case No. -23 Year- 2014 Thana -LAUKARIA District- WESTCHAMPARAN (BETTIAH) ======================================================
1. Raja Kewat, son of late Sita Ram Kewat, resident of village - Patahera Bazar, P.S.- Laukariya (Patkhauli) District - West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.49436 of 2014 Arising Out of PS.Case No. -23 Year- 2014 Thana -LAUKARIA District- WESTCHAMPARAN (BETTIAH) ======================================================
1. Manoj Kewat, son of Late Parsuram Kewat, resident of village - Patahera Bazar, P.S. - Laukariya (Patkhauli), Distt. - West Champaran,. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.48957 of 2014) For the Petitioner/s : Mr. Prithvi Nath Mishra For the Opposite Party/s : Dr. Indiwar Kumari, APP (In Cr.Misc. No.49436 of 2014) For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 03-03-2015 Heard learned counsel for the Petitioners, Informant and the State.
The Petitioners seek bail in a case instituted for the offence under Section(s) 302 and other allied Sections of Indian Penal Code.
Considering that there is no specific overt act alleged against the Petitioners with regard to the deceased and have fair
Patna High Court Cr.Misc. No.48957 of 2014 (2) dt.03-03-2015 2/3 antecedents, let the Petitioners, above named, be released on bail on furnishing bail bond of `5,000/-(Five Thousand) each with two sureties of the like amount each or any other surety to be fixed by the Court below to the satisfaction of the Additional Sessions Judge, III, Bagaha, West Champaran, in connection with Sessions Trial No.568 of 2014 arising out of Laukariya (Patkhuri) P.S. Case No.23 of 2014 subject to the 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 bailors will undertake to furnish information to the court about any change in the 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 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 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
Patna High Court Cr.Misc. No.48957 of 2014 (2) dt.03-03-2015 3/3 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, and (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.
(Anjana Prakash, J) JA/- U T