Santosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 3797 of 2015 Arising out of P.S. Case No. -483 Year- 2014 Thana - KAHALGAON District- BHAGALPUR ===================================================

1. Santosh Kumar Son of Ashok Sah Resident of MohallaKalgiganj,P.S-Kahalgaon,Distt.-Bhagalpur.

2. Chandan Yadav Son of Indu Yadav Resident of MohallaJagarnathpur, P.S-Kahalgaon, Distt.-Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Shyam Kishor Das, Adv. For the Opposite Party/s : Mr. Anish Chandra (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

29.01.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

Considering that the Petitioners are in custody since 20.11.2014 and have fair antecedents, let them 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 Sri A. Shamim, Judicial Magistrate, 1st Class, Bhagalpur (or its successor) in connection with Kahalgaon P.S. Case No. 483 of 2014 (G.R. No. 4019 of 2014) subject to the following conditions:- (i) That one of

Patna High Court Cr.Misc. No.3797 of 2015 (2) dt.29-01-2015 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 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.)