Laxmi Mahto And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49111 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================

1. Laxmi Mahto S/o Late Thithar Mahto

2. Raju Mahto S/o Late Thithar Mahto

3. Mantosh Mahto S/o Raju Mahto, All are Resident of Village - Baligaon Chandpura, P.S. - Baligaon, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Kumari Sujata Sinha, Advocate For the Opposite Party/s : Mr. M. Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03-03-2015 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302/34 of the Indian Penal Code. Considering the genesis of the occurrence and the nature of allegations as also the fair antecedents of the Petitioners, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of Sri Rajesh Pandey, Judicial Magistrate, 1st class, Hajipur in connection with Baligaon P.S. Case No.80 of 2014, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an

Patna High Court Cr.Misc. No.49111 of 2014 (3) dt.03-03-2015 2/2 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.

(Anjana Prakash, J) Narendra/- U T