IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 24716 of 2011
1. Baidh Nath Ram, S/o Ram Surat Ram.
2. Yadav Lal Prasad @ Yado Lal Prasad, S/o Shambhu
Bhagat.
Versus
The State of Bihar
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02. 03.08.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 147, 148, 149, 341, 342,
323, 324 307, 427, 436, 504 and 379 of the Indian Penal
Code, Section 27 of the Arms Act and Section 17 of the
C.L.A. Act.
Considering that the petitioners are in custody
since 06.12.2010 and they were not named in the First
Information Report but subsequently by the witnesses
who had seen them nearby tower, let the petitioners,
above named be released on bail on furnishing bail bond
of Rs. 5,000/- (Five Thousand) with two sureties of the
like amount each or any other surety as fixed by the Court
to the satisfaction of Sub-Divisional Judicial Magistrate,
Sikarahana, East Champaran at Motihari in connection
with Rajepur P.S. Case No. 112 of 2010 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
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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 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
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.
In view of the antecedents of the petitioners, the
petitioners are directed to appear before the
Superintendent of Police, East Champaran within fifteen
days of his release with a copy of this order and every two
weeks thereafter for the next one year. The conduct of the
petitioners will be kept under watch in this period by the
superintendent of Police concerned and if it is found
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wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail. After
reporting to the Superintendent of Police, a certificate will
be filed by the petitioners before the court concerned.
(Anjana Prakash, J.)
Vikash/-