Ajay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18897 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -RAMPUR District- GAYA ======================================================

1. Ajay Kumar

2. Babu @ Chintu Yadav

3. Pintu Yadav, All are sons of Late Sidheshwar Yadav, All resident of Village - Imalichak, P.S. - Rampur, District - Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramashish For the Opposite Party/s : Mr. Amrendra Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 18-06-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under sections 341, 323, 504, 379, 307/34 of the Indian Penal Code and that general and omnibus allegations of the petitioners also do not get any further support from any injury report, inasmuch as in paragraph no.9 of the bail application it has been stated that no injury report is on record and in fact the informant had never gone to any hospital for treatment after the alleged occurrence, would make the petitioners entitled for grant of privilege of anticipatory bail, specially when they also claim to have no criminal antecedent.

That being so, if the petitioners, Ajay Kumar, Babu @ Chintu Yadav and Pintu Yadav, surrender before the court below

Patna High Court Cr.Misc. No.18897 of 2015 (2) dt.18-06-2015 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, Gaya in Rampur P.S.Case No. 23/2015, subject to the following conditions:

(i) That the court below shall make verification of criminal antecedent of the petitioners and if it is found that they are accused in any other criminal case, they shall not be granted bail and would be taken into custody. (ii) That the court below shall examine the case diary for the purposes of finding out the presence of injury report, if any. It is made clear that if there is injury report, the petitioners shall not be granted bail.

(iii) 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.

(iv) 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

Patna High Court Cr.Misc. No.18897 of 2015 (2) dt.18-06-2015 will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(v) 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