Rajendra Prasad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.115 of 2015 Arising Out of Bettiah Town P.S. Case No. -377 Year- 2014 Thana -BETTIAH TOWN DistrictWEST CHAMPARAN (BETTIAH) ====================================================== 1.
Rajendra Prasad, son of late Ramswoorp Ram, r/o Moll Indra Chowk Ganj No. 1, P.S. Bettiah Town, Distt. West Champaran. 2.
Ramsharay Prasad, son of late Algu Prasad, r/o Moll Kumaharapatti Ganj No. 2, P.S. Bettiah Town, Distt. West Champaran. 3.
Shivjee Prasad, son of late Baldeo Ram, r/o Moll Araya Samaja Road Purani Gudari, P.S. Bettiah Town, Distt. West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Shailendra Kumar No.2 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 08-01-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners apprehend their arrest in a case instituted for the offence under Section(s) 188/34 of the Indian Penal Code and Section 3 Damage to Public Property Act. Considering the nature of allegation against the Petitioners who have fair antecedents, it is ordered that in the event of surrender/arrest of the Petitioners, named above, within four weeks from the date of receipt/production of a copy of this order, in connection with Bettiah Town P.S. Case No. 377 of 2014, shall be released on anticipatory bail on furnishing bail bond of Rs.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 Chief Judicial Magistrate, Bettiah, West
Patna High Court Cr.Misc. No.115 of 2015 (2) dt.08-01-2015 2/2 Champaran, 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. 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 delay 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.
(Anjana Prakash, J) S.Ali/- U T