Sujit Kumar Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43906 of 2014 Arising Out of PS.Case No. -39 Year- 2012 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Sujit Kumar Singh Son of Late Sukhdeo Singh

2. Ajit Singh Son of Late Sukhdeo Singh Both R/o Village-Gaura, P.S.-Teghra, District-Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raja Kumar, S/o Bino Mahto, Resident of Gaura 1, P.S. Teghara, Dist. Begusarai.

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

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Pradip Nr. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 07-05-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioners for offences under Section 302, 393 & 394 of the Indian Penal Code and that they have been summoned by the Court below under Section 319 of the Cr.P.C., this Court, keeping in view that the petitioners have also got no criminal antecedent, would direct that if the petitioners, namely, Sujit Kumar Singh and Ajit Singh would surrender before the court below within a period of four weeks from today, they shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 39 of 2012, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.43906 of 2014 (3) dt.07-05-2015 Section 438(2) of the Cr.P.C. as also subject to following conditions:- (i) That both the bailors will be a close relative of the petitioners, who will undertake an affidavit giving genealogy as to how they are related with the petitioners. The bailors 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 an accused in any other case and if they are, they shall not be released on bail.

(iii) That the bailors shall also state on affidavit that they will inform the court concerned, if the petitioners are implicated in any other case of similar nature after his 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 be well represented on each and every date in course of trial and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) Rishi/- U