Baid Nath Sah @ Baidh Nath Sahu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13227 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -KEOTI District- DARBHANGA ====================================================== 1.

Baid Nath Sah @ Baidh Nath Sahu, son of Nawal Sah 2.

Shiv Nath Sah @ Shiv Nath Sahu, son of Nawal Sah 3.

Bishwa Nath Sah @ Bishwanath Sahu, son of Nawal Sah All resident of village Parsa, P.S. Keoti, Distt. Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the State : Mr. Gajendra Pd.Yadav, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 01-04-2016 Heard learned counsel for the Petitioners and the State. The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.

Considering that for the same occurrence, two cases were instituted and number of persons were injured on the side of the accused also and the Petitioners have fair antecedents, let the Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Keoti P.S. Case No. 87 of 2015, 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 Sri Amit Kumar, Judicial Magistrate, 1st Class, Darbhanga or his successor, subject to the following conditions: (i) That one of the bailors will be a close relative

Patna High Court Cr.Misc. No.13227 of 2016 (2) dt.01-04-2016 2/2 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. (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. (Anjana Prakash, J) S.