Binod Rikyasan And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.8428 of 2015 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8428 of 2015 Arising out of P.S. Case No. -133 Year- 2014 Thana -MADANPURA District- AURANGABAD ===================================================

1. Binod Rikyasan, Son of Jitu Rikhia.

2. Lal Babu Paswan, Son of Ram Prasad Paswan. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Adv. For the Opposite Party/s : Mr. Khurshid Anwar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

03.03.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 341, 337, 353, 427, 504 and 124A of the Indian Penal Code and Section 17 of C.L.A. Act.

Considering that the Petitioners are not named in the First Information Report and were implicated subsequently on the base of the same material, let them be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 133 of 2014 subject to the following 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 and the other bailor shall be the father/brother/mother of the Petitioners. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court Cr.Misc. No.8428 of 2015 (2) dt.03-03-2015 address of the Petitioners. (ii) 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 the 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 delays 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 and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

In view of the antecedents of the Petitioners, the Petitioners are directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the Petitioners will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioners before the court concerned.

Vikash/- (Anjana Prakash, J.) U T