Patna High CourtCR. MISC./36721/2013bail granted

Vijay Kumar And ANR. v. The State Of Bihar

2015-02-04Justice Smt. Anjana Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 36721 of 2013 Arising out of P.S. Case No. -226 Year- 2012 Thana -PATNA GRP CASE District- PATNA ===================================================

1. Vijay Kumar S/o Shri Badri Yadav Resident of Village Bahrolia, P.S. Arer, District Madhubani.

2. Dhananjay Kumar S/o Shri Badri Yadav Resident of Village Bahrolia, P.S. Arer, District Madhubani. .... .... Petitioner/s

Versus

The State of Bihar & Anr.

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

For the Petitioner/s : None.

For the Opposite Party/s: Mr. Satyavrat Verma (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

06. 04.02.2015 No one appears on behalf of the Petitioners.

Case diary has been perused by the learned APP who submits that the Report of the Forensic Science Laboratory, Patna is that the drugs are not adulterated. Further, that one Dilip is said to be the main person involved in the present occurrence.

Considering such aspect of the matter, provisional anticipatory bail granted to the Petitioners by order dated 07.02.2014 is, hereby, confirmed in connection with Patna Junction Rail P.S. Case No. 226 of 2012 pending before the Railway Judicial Magistrate, Patna Junction, Patna 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 and the

Patna High Court Cr.Misc. No.36721 of 2013 (6) dt.04-02-2015 other bailor shall be local since the Petitioners belong to Madhubani. 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.)