Sakal Das And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3242 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -SALIMPUR District- PATNA ======================================================

1. Sakal Das, S/o Rameshwar Das

2. Bankey Ravidas @ Bankey Das, S/o Etbari Ravidas Both resident of Kasaba, Police Station Salimpur, P.O. Manjhauli, District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Sanjay Kr.Tiwary(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 15-04-2015 Heard learned Counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 302, 34 and 379 of the Indian Penal Code. Considering that the co-accused similarly placed has been granted bail by this Court, let the petitioners above named who have fair antecedents, 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 Sri A. Kumar, Judicial Magistrate, Barh, Distt. Patna, in connection with Salimpur P.S. Case No. 7 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.3242 of 2015 (3) dt.15-04-2015 2/2 genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not 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 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. (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) S.Ali/- U T