Lal Babu And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45509 of 2015 Arising Out of PS.Case No. -279 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================
1. Lal Babu
2. Chand Babu Both sons of Late Khalis Mian
3. Junaid @ Md. Junaid s/o Abdul Hasan
4. Amir S/o Ahsan Khan All 1 to 4 residents of M.M. Colony
5. Firoz Sain @ Firoz Ali
6. Irshad Sain @ Irshad Ali Both sons of Asgar Sain
7. Sandeep Kumar S/o Munna Kumar All 5 to 7 R/o Station Road Dakshin Tola
8. Nausad @ Naushad Mian, S/o Aslam Mian, R/o - Purana Keela Pokhara, All 1 to 8 , P.S. - Siwan Town, District - Siwan. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Adv. For the State : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 14-10-2015 Heard learned counsel for the Petitioners and the State.
The Petitioners seek anticipatory bail in a case instituted for the offence under Sections 147, 148, 149, 452, 459, 323, 307, 427, 379 of the Indian Penal Code and Section 27 of the Arms Act.
Considering the nature of dispute and the fact that subsequently, the Parties have compromised their dispute, let the
Patna High Court Cr.Misc. No.45509 of 2015 (2) dt.14-10-2015 2/3 Petitioners in the event of surrender, named above, within four weeks from the date of receipt of this order, in connection with Siwan Town P.S. Case No. 279 of 2014, G.R. No. 3588 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 Chief Judicial Magistrate, Siwan, 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.
Patna High Court Cr.Misc. No.45509 of 2015 (2) dt.14-10-2015 3/3 do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) S.Ali/- U T