Suresh Sao And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 1911 of 2016 Arising out of P.S. Case No. -299 Year- 2015 Thana - DHANARUA District- PATNA ===================================================
1. Suresh Sao, Son of Rajendra Sao.
2. Tipan Sao.
3. Gopal Sao. Both sons of Suresh Sao. All are Residents of Village- Sonmai, P.S. Dhanarua, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra, Adv. For the Opposite Party/s: Mr. R.B. Roy "Raman" (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 18.01.2016 Heard learned counsel for the Petitioners and the State.
The Petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324 and 307/34 of the Indian Penal Code.
Considering the genesis of the occurrence and the fair antecedents of the Petitioners, let them be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Shri Hare Ram, Judicial Magistrate, 1st Class, Masaurhi at Patna or his successor in connection with Dhanarua P.S. Case No. 299 of 2015 subject to the conditions
Patna High Court Cr.Misc. No.1911 of 2016 (2) dt.18-01-2016 as laid down under Section 438(2) of the Code of Criminal Procedure as also 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 delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse. (v) 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. Vikash/- (Anjana Prakash, J.)