Upendra Kumar @ Upendra Rai And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44295 of 2015 Arising Out of PS.Case No. -76 Year- 2015 Thana -MALSALAMI District- PATNA ======================================================

1. Upendra Kumar @ Upendra Rai, Son of Sanjivan Rai

2. Umashankar Kumar @ Umashankar Rai, son of Sanjivan Rai,

3. Chulhai Rai, Son of Late Pitambar Rai

4. Sanjivan Rai, son of Late Ramchandra Rai All 1 to 4 are Residents of Village- Didarganj, P.S.- Didarganj, DistrictPatna

5. Ramji Prasad @ Ramji Rai, son of Bahadur Rai

6. Panjabi Rai @ Jai Prakash, son of Shivji Rai

7. Umesh Rai @ Umesh Kumar, son of Nawab Rai, All 5 to 7 are resident of village- Rikabganj, P.S.- Malsalami, District- Patna

8. Lal Bahadur Rai, son of Late Panchu Rai, Resident of Sharifaganj, P.S.- Malsalami, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Adv. For the State : Ms. Rina Sinha, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 13-10-2015 Supplementary affidavit filed on behalf of the Petitioners, be kept on the record.

Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code. Considering the fact of counter version and nature of injury sustained, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Malsalami P.S. Case No. 76 of 2015,

Patna High Court Cr.Misc. No.44295 of 2015 (2) dt.13-10-2015 2/2 shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each or any other surety to be fixed by the Court concerned to the satisfaction of Sri Ram Sujan Pandey, Judicial Magistrate, Patna City, subject to the 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 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. (iii) 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. (iv) 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.