Md. Rafi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 39028 of 2014 Arising out of P.S. Case No. -157 Year- 2014 Thana - BEGUSARAI MUFFASIL District- BEGUSARAI =================================================== Md. Rafi, Son of Md. Kauresh, Resident of Village-Taraiya, Police Station-Mufasil, District-Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== with Criminal Miscellaneous No. 40689 of 2014 Arising out of P.S. Case No. -157 Year- 2014 Thana - BEGUSARAI MUFFASIL District- BEGUSARAI =================================================== Mantoon Sada S/o Ram Balak Sada Resident of Village- Sank Taraiya , P.S. Muffasil, District- Begusarai. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== with Criminal Miscellaneous No.42315 of 2014 Arising out of P.S. Case No. -157 Year- 2014 Thana - BEGUSARAI MUFFASIL District- BEGUSARAI =================================================== Md. Manhori Son of Md. Sami Manhori R/o Taraiya, P.S. Begusarai ( Muffasil ), District - Begusarai. .... .... Petitioner/s
Versus
THE STATE OF BIHAR.
.... .... Opposite Party/s =================================================== Appearance :
(In Cr.Misc. No.39028 of 2014) For the Petitioner/s : Mr. Sanjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Md. Arif (APP) (In Cr.Misc. No.40689 of 2014) For the Petitioner/s : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. L.K. Sharma (APP) (In Cr.Misc. No.42315 of 2014) For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mrs. Ansuaiya Jaiswal (APP)
Patna High Court Cr.Misc. No.39028 of 2014 (2) dt.30-01-2015 =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.
30.01.2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek bail in a case instituted for the offences under Section 302/34 of the Indian Penal Code.
Considering that there is no eye-witness to the actual murder, let the Petitioners, above named who have fair antecedents be released on bail 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, Begusarai in connection with Begusarai (Mufassil) P.S. Case No. 157 of 2014 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. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioners are implicated in any
Patna High Court Cr.Misc. No.39028 of 2014 (2) dt.30-01-2015 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 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