Kameshwar Pathak And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 48501 of 2015 Arising out of P.S. Case No. -98 Year- 2015 Thana -CHIRAIYA District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Kameshwar Pathak Son of Jagarnath Pathak.
2. Sunil Pathak Son of Jagarnath Pathak.
3. Rajeshwar Pathak Son of Jagarnath Pathak.
4. Jogendra Pathak Son of Sakalanand Pathak, All are resident of Village - Parewa, Police Station Shikarganj (Chiraiya), District - East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s: Mr. Rana Randhir Singh (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 16.10.2015 Heard learned counsel for the Petitioners and the State. The Petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.
Considering that the injuries on the injured was opined to be simple in nature and the Petitioners have fair antecedents as also there is land dispute, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Shri Uma Shankar, Judicial Magistrate, 1st Class, Sikarahana at Dhaka, East Champaran in connection with Chiraiya (Shikarganj) P.S. Case No. 98 of 2015 (G.R. Case No. 746 of 2015) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the
Patna High Court Cr.Misc. No.48501 of 2015 (2) dt.16-10-2015 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 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.)