Ramswaroop Das And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27627 of 2015 Arising out of P.S. Case No. -154 Year- 2011 Thana - SULTANGANJ District- BHAGALPUR ===================================================

1. Ramswaroop Das, Son of Kheyali Das.

2. Awdhesh Prasad @ Bade Kahar @ Batu Kumar Son of Lal Deo Ram Both are resident of Village - Barki Basuhar, P.S. - Punpun, District - Patna.

3. Lal Babu Das, Son of Rajendra Das, Resident of Village - Barani (Barari), P.S. - Dhanarua District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Anuj Kumar, Adv. For the Opposite Party/s: Mr. Sanjay Kumar (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 04.

07.10.2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek bail in a case instituted for the offences under Sections 406 and 379/34 of the Indian Penal Code.

Considering that the Petitioners are in custody since last two years and there is no progress in trial for whatever reason and the Petitioners undertake to be more vigilant in future, 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 Chief Judicial Magistrate, Bhagalpur in connection with

Patna High Court Cr.Misc. No.27627 of 2015 (4) dt.07-10-2015 Sultanganj P.S. Case No. 154 of 2011 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. The bailor 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 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. (iv) 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.

In the nature of allegations, the Petitioners are directed to appear before the Superintendent of Police, Bhagalpur within fifteen days of their release with a copy of this order and every two weeks thereafter for the next one year. The conduct of the Petitioners will be kept under

Patna High Court Cr.Misc. No.27627 of 2015 (4) dt.07-10-2015 watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioners before the Court concerned.

Vikash/- (Anjana Prakash, J.) U T