Bikrama Prasad And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.28099 of 2016 (2) dt.13-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28099 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Bikrama Prasad, S/o Sri Bishwanath Sah, Resident of VillageKeshawdih, P.S.- Bikramganj, District- Rohtas.

2. Pawan Kumar @ Hanuman, S/o Krishna Prasad, resident of VillageHariharganj, P.S Nasriganj, District- Rohtas, at present resident of MohallaPatel Nagar, Nokha, P.S- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umeshanand Pandit For the Opposite Party/s : Mr. Sri Ajay Kumar-1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-07-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted for the offence under Sections 272,273,379,411, and 120B of the Indian Penal Code and 47 A of the Excise Act.

Considering the period of custody and fair antecedents of the petitioners, let them 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 Additional Chief Judicial Magistrate, Rohtas in connection with Nokha P.S. Case No. 92 of 2016 subject to the conditions (i) that one of the bailors will be a close relative of the petitioners, who will give an

Patna High Court Cr.Misc. No.28099 of 2016 (2) dt.13-07-2016 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 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 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 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, and (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.