Pramod Nut And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1996 of 2015 Arising out of P.S. Case No. -133 Year- 2014 Thana -DERNI District- SARAN ===================================================
1. Pramod Nut Son of Manoj Nut Resident of Village - Porai, P.S. Dariyapur, District - Saran.
2. Nagendra Rai Son of Suresh Rai resident of Village - Sundarpur, P.S. Dariyapur, District - Saran.
3. Bhutilal Rai @ Bhuti Rai Son of Shiv Nandan Rai Resident of Village - Derni, P.S. Derni, District Saran.
4. Sonu Rai Son of Banarsi Rai Resident of Village - Jamira, P.S. Dariyapur, District Saran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s: Mr. Nawal Kishore Prasad (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.
19.01.2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek bail in a case instituted for the offences under Sections 272, 273, 290 and 308 of the Indian Penal Code and Section 47(A) of the Excise Act. Considering that the Petitioners are the first offenders and in custody since 13.11.2014, 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 Sub-Divisional Judicial Magistrate, Saran at Chapra in connection with Derni P.S. Case No. 133 of 2014 subject to the following conditions:- (i) That one of
Patna High Court Cr.Misc. No.1996 of 2015 (2) dt.19-01-2015 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.)