Jawahir Prasad & Ors. vs The State Of Bihar on 30 August, 2011

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.26071 of 2011
             1.   Jawahir Prasad son of Bhutali Prasad
             2.   Bharat Prasad son of Jawahir Prasad
             3.   Basant Prasad @ Ghasetan Prasad
             4.   Prithavi Nath Prasad son of Jawahir Prasad
             5.   Hira Lal Prasad son of late Bhutali Prasad
             6.   Chandrabhan Prasad son of Jawahir Prasad
             7.   Ram Lagan Prasad @ Ram Lasan Sah son of late Bhutali Prasad
             8.   Bharat Tiwary son of late Hari Narayan Tiwary
                                                  Versus
                                          The State Of Bihar
                                                -----------

2. 30.8.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 323, 342, 379 of the Indian

Penal Code and 3(1)(X) S.C./S.T. Act.

Considering that there is a land dispute between the

parties, let the petitioners above named be released on

anticipatory bail in the event of arrest or surrender before the

learned court below within a period of 12 weeks from today in

connection with Complaint case No.82 of 2009 Trial No.4116

of 2011 on furnishing bail bonds of Rs.10,000/- (Ten

thousand) with two sureties of the like amount each to the

satisfaction of Sri Hareram, Judicial Magistrate, 1st class,

Siwan, subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure as also conditions

(i) That one of the bailor will be a close relative of the

petitioners who will give an affidavit giving genealogy as to

how he is related with the petitioners and the other bailor
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shall be the wife/mother/brother of the petitioners. The bailor

will undertake to furnish information to the Court about any

change in address of the petitioners. (ii) That the affidavit

shall clearly state that the petitioners are not an 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 ground of

misuse, (iv) That the petitioners will be well represented on

each date if they fail to do so on two consecutive dates, their

bail will be liable to be cancelled.

Narendra/                         ( Anjana Prakash, J. )