Madan Prasad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43519 of 2014 Arising Out of PS.Case No. -110 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================

1. Madan Prasad, son of late Bhagwan Prasad,

2. Dadan Prasad, Son of late Bhagwan Prasad

3. Ravindra Sah @ Ravindra Prasad, son of late Bhagwan Prasad, All resident of Mohalla - Jai Prakash Nagar, Siwan, P.S.- Siwan Town, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Advocate.

For the O.P/s :

Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 10-04-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offence under Sections 323, 324, 307 and 341 of the Indian Penal Code and that these petitioners have also got no criminal antecedent as well as there is a counter version of the same occurrence in which at least four persons were injured on account of alleged assault made by the prosecution party of this case and that subsequently, the parties have sought to resolve their dispute outside the court, this Court would direct that if the petitioners, namely, Madan Prasad, Dadan Prasad and Ravindra Sah @ Ravindra Prasad, surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Siwan

Patna High Court Cr.Misc. No.43519 of 2014 (2) dt.10-04-2015 2/2 Nagar (T) P.S.Case No. 110 of 2014 subject to the following conditions:

(i) That both the bailors will be close family relatives of the petitioners, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the court if there is any change in the addresses 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 their bail on the ground of misuse.

(iv) That the petitioners will be well represented on each and every date in course of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Sujit/- U