Kishundeo Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1899 of 2016 Arising out of P.S. Case No. -194 Year- 2015 Thana - KESARIA District- EASTCHAMPARAN(MOTIHARI) ===================================================
1. Akhilesh Singh @ Shokan Singh son of Kishundeo Singh
2. Rajesh Singh @ Rajesh Kumar Singh Son of Kishundeo Singh
3. Mukesh Singh Son of Late Sachidanand Singh
4. Barfi Singh Son of Late Sachidanand Singh All residents of Village Kesaria Tola, P.S.
Kesaria, DistrictEast Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =================================================== with Criminal Miscellaneous No. 1930 of 2016 Arising out of P.S. Case No. -194 Year- 2015 Thana - KESARIA District- EASTCHAMPARAN(MOTIHARI) ===================================================
1. Kishundeo Singh Son of Jeeta Singh.
2. Mundrika Singh son of Late Yogendra Singh Both residents of village Kesaria Tola, P.S. Kesaria, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
(In Cr.Misc. No.1899 of 2016) For the Petitioner/s : Mr. Uma Kant Shukla, Adv. For the Informant : Mr. Anshu Dhar Sharma, Adv.
For the State : Mrs. Pronoti Singh, APP.
(In Cr.Misc. No.1930 of 2016) For the Petitioner/s : Mr. Uma Kant Shukla, Adv. : Mr. Shakti Suman Kumar, Adv.
For the State : Mrs. Pronoti Singh (APP) Fort the Informant : Mr. Anshu Dhar Sharma, Adv.
=================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 18.01.2016 Heard learned counsel for the Petitioners and the State.
Patna High Court Cr.Misc. No.1899 of 2016 (2) dt.18-01-2016 The Petitioners are apprehending their arrest in a case registered under Sections 147, 148, 448, 341, 323, 325 and 379 of the Indian Penal Code and Section 27 of the Arms Act.
Considering the genesis of the occurrence and the fair antecedents of the Petitioners, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order 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, Motihari in connection with Kesaria P.S. Case No. 194 of 2015 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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.
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.
Patna High Court Cr.Misc. No.1899 of 2016 (2) dt.18-01-2016 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 delays 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.
Vikash/- (Anjana Prakash, J.) U T