Vishwanath Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2 of 2015 Arising Out of PS.Case No. -81 Year- 2014 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Vishwanath Sahani son of Bandu Sahani

2. Kailash Sahani son of Bandu Sahani, both residents of village Balochak Tola Konhiya, P.S. Chakiya, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Tiwari, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 08-01-2015 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 341, 323, 316, 504, 379/34 of the Indian Penal Code.

Considering the earlier dispute between the parties and the fact that the Petitioners are in custody since 18.6.2014 and 6.8.2014 respectively, let the petitioners above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Chakia P.S. Case No.81 of 2014, subject to the conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit

Patna High Court Cr.Misc. No.2 of 2015 (2) dt.08-01-2015 2/2 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) hat 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, (iii) 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, (iv) 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