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Patna High CourtCR. MISC./13577/2016bail granted

Anil Singh @ Anil Kumar Singh And ORS v. The State Of Bihar

2016-04-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13577 of 2016 Arising Out of PS.Case No. -20 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Anil Singh @ Anil Kumar Singh son of Haridwar Singh

2. Bhola Singh son of Sri Sweet Singh @ Surishtha Singh

3. Pramod Singh son of Suraj Deo Singh All are residents of Village- Kanjha PS Wazirganj, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate For the Opposite Party/s : Mr. Kr.Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-04-2016 Heard the parties.

The petitioners apprehend their arrest in a criminal prosecution registered under Sections 379, 384, 325 and some other allied offences under the Indian Penal Code. Though the petitioners are named in the first Information Report vide Aannexure-1 as accused, but taking into consideration the fact that there is case and counter case vide Annexure-s 1 and 2 respectively from both sides and further taking into consideration the fact that occurrence is said to have taken place on the question of digging of a canal and also taking into consideration the fact that the petitioners are said to be the first offenders, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. In the event of their arrest or surrender in the court below within a period of four weeks from today, let the above named three petitioners be released on bail on furnishing bail bonds of Rs.25,000/-(Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.13577 of 2016 (2) dt.20-04-2016 2/2 Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S.Case No. 20 of 2015, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the further conditions that :

(A) one of the bailors of each petitioners must be a government servant or a close family member of the petitioners, who will file affidavits in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned, and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Prasad Verma, J) Tahir/- U T