Om Prakash Singh @ Birju And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18554 of 2015 Arising Out of PS.Case No. -368 Year- 2014 Thana -SASARAM MUFFASIL District- SASARAM (ROHTAS) ======================================================
1. Om Prakash Singh @ Birju son of Late Sri Bhagwan Singh
2. Mostt. Rajmuna Kuvar wife of Late Sri Bhagwan Singh
3. Shobha Devi wife of Om Prakash Singh @ Birju All resident of Village : Mohaddiganj, P.S. : Sasaram (Mufassil ) , District: Rohtas.
4. Laxmi Narain Singh son of Late Ram Lakhan Mahto
5. Navin Kumar son of Laxmi Narain Singh Both resident of Village : Rampur (Chandi), at present Mohaddiganj, P.S. : Sasaram (Mufassil), District : Rohtas.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Ramchandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under sections 420, 406, 341, 323, 354, 379/34 of the Indian Penal Code and that the allegations which have been made against the petitioners are only in relation to execution of a registered sale deed in relation to a land, this Court keeping in view that none of the petitioners have got any criminal antecedent would be inclined to grant privilege of anticipatory bail to the petitioners. That being so, if the petitioners, namely, 1. Om Prakash Singh @ Birju, 2. Mostt. Rajmuna Kuvar, 3. Shobha Devi, 4. Laxmi Narain Singh and 5. Navin Kumar, surrender before the
Patna High Court Cr.Misc. No.18554 of 2015 (2) dt.15-06-2015 court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in Sasaram (Mufassil) P.S.Case No. 368/2014, subject to the following conditions:
(i) That both the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with the petitioners. The bailors will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) 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.
(iii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the 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
Patna High Court Cr.Misc. No.18554 of 2015 (2) dt.15-06-2015 misuse.
(iv) That the petitioners will be well represented on each and every date of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.
(Mihir Kumar Jha, J) surendra/- U