Ras Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43258 of 2015 Arising Out of PS.Case No. -154 Year- 1999 Thana -MASRAKH District- SARAN ======================================================

1. Ras Bihari Singh, son of Late Nageshwar Singh, resident of villageSisai, P.S- Mashrakh, P.O- Dumrasan Bangra, District Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 6/ 22-06-2016 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.

Prayer of the Petitioner for bail was earlier rejected by this Court.

Considering that now charges have been framed and the Petitioner undertakes to be physically present on each date for which his son-in-law, Bajrang Bali Singh, takes responsibility, let the Petitioner, above named, be released on bail on furnishing bail bond of `5,000/-(Five Thousand) with two sureties of the like amount each or any other surety to be fixed by the Court below to

Patna High Court Cr.Misc. No.43258 of 2015 (6) dt.22-06-2016 2/3 the satisfaction of the Chief Judicial Magistrate, Saran, in connection with UT No.40 of 2014 arising out of Masrakh P.S. Case No.154 of 1999, subject to the conditions: (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail, (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is 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 petitioner shall be physically present on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

The Trial Court is directed to send a list of the witnesses fixing specific dates for their examination along with a copy of this order to the concerned Superintendent of Police, who is directed to ensure the attendance of the witnesses on the date

Patna High Court Cr.Misc. No.43258 of 2015 (6) dt.22-06-2016 3/3 fixed so that there is no further delay in the trial. (Anjana Prakash, J) JA/- U T