Binay Soren And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48875 of 2014 Arising Out of PS.Case No. -217 Year- 2014 Thana -DHAMDAHA District- PURNIA ======================================================

1. Binay Soren, son of Nirmal Soren,

2. Talkeshwar Soren @ Tarkeshwar Soren, son of Bailu Soren,

3. Ganga Ram Hansda, son of Dhuma Hansda, all resident of villageSatani Dhunni Tola, P.S. Dhamdaha, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Bidhu Ranjan, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2/ 03-03-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 147, 148, 149, 341, 323, 325, 307, 379, 504 Indian Penal Code.

Considering that there is counter version of the occurrence and the Petitioners have fair 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 Sri R. K. Sinha, Judicial Magistrate, 1st class, Purnea, in connection with Dhamdaha P.S. Case No.217 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

Patna High Court Cr.Misc. No.48875 of 2014 (2) dt.03-03-2015 2/2 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 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