Bijay Kumar Ram And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2235 of 2015 Arising Out of PS.Case No. -315 Year- 2014 Thana -PIRO District- BHOJPUR ======================================================

1. Bijay Kumar Ram, Son of Kanhaiya Ram, Resident of vill-Kauri, P.SSandesh, Distt.-Bhojpur

2. Kiran Prasad, Son of Saudagar Ram, Resident of vill-Bhel Dumara, P.SAra Muffasil, Distt.-Bhojpur

3. Yogendra Singh, Son of Ram Kripal Singh, Resident of vill-Mothi, P.SPiro, Distt.-Bhojpur

4. Sri Narayan Ram @ Narayan Ram,S/O Late Ram Sewak Ram, Resident of vill-Balua, P.S-Ara Muffasil, Distt.-Bhojpur

5. Raj Kishore Pandey, S/O Late Ram Lakhan Singh, Resident of villOsai, P.S-Bihiya, Distt.-Bhojpur

6. Raj Kishore Pandey, Son of Ram Dyal Pandey, Resident of villPanditpur, P.S-Barhara, Distt.-Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramashray Roy, Adv. For the Opposite Party/s : Mr. Binod Kr. 3, (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 20-01-2015 Heard learned counsel for the Petitioners and the State.

The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 409, 420 and 34 of the Indian Penal Code.

Considering that in similar matters other co-accused persons have been granted anticipatory bail, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Piro P.S. Case No.

Patna High Court Cr.Misc. No.2235 of 2015 (2) dt.20-01-2015 2/3 315 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 concerned to the satisfaction of Additional Chief Judicial Magistrate, Bhojpur at Ara, 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 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.

Patna High Court Cr.Misc. No.2235 of 2015 (2) dt.20-01-2015 3/3 their bail will be liable to be cancelled.

However, if at a later point in time, the Petitioners are required to make good the loss caused to the Government, they shall do so notwithstanding the order of bail. (Anjana Prakash, J) S.Ali/- U T