Suresh Singh And ORS. v. The State Of Bihar

Patna High Court Cr.Misc. No.855 of 2016 (2) dt.12-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.855 of 2016 Arising Out of PS.Case No. -202 Year- 2015 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Suresh Singh son of Janardan Singh

2. Mantu Singh son of Suresh Singh

3. Santosh Singh son of Naresh Singh

4. Naiya @ Naiya Singh son of Naresh Singh

5. Raja Babu son of Bimlesh Singh All resident of village Khairi, P.S.- Muffasil, District- Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 12-01-2016 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offence under Section(s) 147,341,323,448,427,504,506 of the Indian Penal Code and 3(i)(x) of the SC/ST Act. Considering the nature of allegation and fair antecedent of the petitioners, in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Aurangabad (M) P.S. Case No. 202 of 2015 they shall be released on anticipatory 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 the Chief Judicial Magistrate, Aurangabad subject to the

Patna High Court Cr.Misc. No.855 of 2016 (2) dt.12-01-2016 conditions as laid down under sections 438(2) Cr. P. C. Subject to the 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 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.