Dhruv Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46089 of 2015 Arising Out of PS.Case No. -174 Year- 2015 Thana -PATLIPUTRA District- PATNA ====================================================== Dhruv Lal Yadav Son of Late Ramashray Rai, Resident of Village / Mohalla - Mainpura Masjeed Gate No. 36 P.S. - Patliputra, District - Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.50404 of 2015 Arising Out of PS.Case No. -174 Year- 2015 Thana -PATLIPUTRA District- PATNA ======================================================
1. Nand Lal Bind @ Nand Lal Mahto son of Narayan Singh
2. Tinku Kumar son of Nand Lal Bind @ Nand Lal Mahto
3. Ravi Kumar @ Tenu son of Nand Lal Bind @ Nand Lal Mahto
4. Dinesh Bind @ Dinesh Mahto son of Late Doman Mahto
5. Rajesh Kumar son of Dinesh Bind @ Dinesh Mahto
6. Mukesh Kumar son of Dinesh Bind @ Dinesh Mahto All resident of Mohalla Gosai Tola, P.S. Patliputra, District- Patna .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.46089 of 2015) For the Petitioner/s : Mr. Md. Khurshid Alam For the Opposite Party/s : Mr. Anuj Kr.Srivastav(App) (In Cr.Misc. No.50404 of 2015) For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 04-11-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation for offence under sections 302, 120B/34 of the Indian Penal Code and that the informant is not an eye witness and has disclosed the name of the petitioners on mere suspicion as with regard to killing of his father
Patna High Court Cr.Misc. No.46089 of 2015 (2) dt.04-11-2015 found dead by him, this Court by taking into account that the petitioners in Cr.Misc.No. 50404/2015 have no criminal antecedent and that the petitioner of Cr.Misc.No. 46089/2015 has got only one criminal case and that too for minor offences, would be inclined to grant privilege of anticipatory bail to all the petitioners in both the cases.
That being so, if the petitioner, namely, 1. Dhruv Lal Yadav, 2. Nand Lal Bind @ Nand Lal Mahto, 3. Tinku Kumar, 4. Ravi Kumar @ Tenu, 5. Dinesh Bind @ Dinesh Mahto, 6. Rajesh Kumar and 7. Mukesh Kumar, 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 Sri Shushant Ranjan, Judicial Magistrate, 1st Class, Patna in Patliputra P.S.Case No. 174/2015, subject to the following conditions: (i) That both the bailors will be a close relative of the petitioners who will give 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 bailor shall also state on affidavit that he will inform the Court concerned if the petitioners are
Patna High Court Cr.Misc. No.46089 of 2015 (2) dt.04-11-2015 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 the 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 and every date 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) surendra/- U