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Patna High CourtCR. MISC./56811/2021allowed

Uma Shankar Sahani v. The State Of Bihar

2021-10-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56811 of 2021 Arising Out of PS. Case No.-147 Year-2019 Thana- MITHANPURA District- Muzaffarpur ====================================================== 1.

Uma Shankar Sahani S/O Ram Sewak Sahani R/O Village- Kanauli Bishunda, Mohan Sahani Tola, P.S.- Mithanpur, District- Muzaffarpur 2.

Raj Kishore Sahani S/O Ram Sewak Sahani R/O Village- Kanauli Bishunda, Mohan Sahani Tola, P.S.- Mithanpur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyotsna Rani Mishra For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2021 Heard learned counsel for the petitioners and learned APP for the State.

Earlier vide order dated 02.11.2020 passed in Cr. Misc. No. 24485 of 2020, bail application of the petitioners was rejected with an observation that petitioners may renew their prayer for bail after framing of charge.

Learned counsel for the petitioners submits that charge has been framed on 31.08.2021.

In the facts and circumstances of the case and considering the fact that charge has been framed, the above named petitioners are directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.56811 of 2021(2) dt.06-10-2021 2/2 where the case is pending/successor Court in connection with Mithanpura P.S. Case No. 147 of 2019.

(1) One of the bailors will be own close relative of the petitioners who will give on affidavit genealogy as to how he is relative to petitioners. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioners are made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

(3) The petitioners shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available and when so required and in the case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) GAURAV S./- U T