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Patna High CourtCR. MISC./3361/2015bail granted

Rambir Mahto And ORS v. The State Of Bihar

2015-01-27Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3361 of 2015 Arising Out of PS.Case No. -166 Year- 2014 Thana -BELA District- SITAMARHI ======================================================

1. Rambir Mahto

2. Sonelal Mahto

3. Kamal Mahto

4. Panchu Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Uday Chandra Prasad (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 27-01-2015 Heard learned counsel for the petitioners and the State. Petitioners seek bail in a case instituted for the offence under sections 147, 148, 149, 341, 323, 324,307, 447 ad 504 of the Indian Penal Code and further Section 302 of the Indian Penal Code.

Considering the background of the dispute and the nature of allegation against the petitioners as also they have fair antecedents, petitioners, Rambir Mahto, Sonelal Mahto, Kamal Mahto and Panchu Mahto, 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 below to the satisfaction of Shri Deepak Kumar, learned Judicial Magistrate 1st class, Sitmarhi in connection with Bela P. S. Case

Patna High Court Cr.Misc. No.3361 of 2015 (2) dt.27-01-2015 2/2 No. 166 of 2014 Subject to the conditions (i) That one of the bailors will be close relative of the petitioner, 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 petitioner, 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 the 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 fails 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, and v) That petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.