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Patna High CourtCR. MISC./45108/2014bail granted

Guddu Sao And ORS. v. The State Of Bihar

2015-01-23Justice Smt. Anjana Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45108 of 2014 Arising Out of PS.Case No. -344 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Sao, son of Binod Sao,

2. Upendra Kumar Sharma, son of Late Ashok Thakur,

3. Nandu Sao, son of Late Banshi Sao,

4. Lallu Mali, son of Late Mannu Mali, all resident of Mohalla - Nai Sarai, P.S. Bihar, District - Nalanda

5. Raju Kumar, son of Late Baldeo Singh, resident of mohalla - Tikulipar, P.S. Bihar, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Ram Shankar Das, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 23-01-2015 This application as against Petitioner No.5, Raju Kumar, has already been dismissed as withdrawn by order dated 09.01.2015.

Heard learned counsel for the Petitioner Nos. 1 to 4 and the State.

The Petitioner Nos. 1 to 4 apprehend their arrest in a case instituted for the offence under Section(s) 341, 323, 325, 379/34 Indian Penal Code and Section 3(i) (x) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Considering the nature of allegation and fair antecedents of Petitioner Nos. 1 to 4, it is ordered that in the event

Patna High Court Cr.Misc. No.45108 of 2014 (4) dt.23-01-2015 2/3 of surrender/arrest of the Petitioner Nos. 1 to 4, named above, within four weeks from the date of receipt/production of a copy of this order in connection with Bihar P.S. Case No.344 of 2014, they shall be released on anticipatory bail on furnishing bail bond of `5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under section 438(2) Cr. P. C. and (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.

Patna High Court Cr.Misc. No.45108 of 2014 (4) dt.23-01-2015 3/3 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 misuse, and (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. (Anjana Prakash, J) JA/- U T