High Court Patna High Court - Orders

Vikash Rajak @ Vikash Kumar Rajak & … vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Vikash Rajak @ Vikash Kumar Rajak & … vs The State Of Bihar on 21 September, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.28457 of 2011
                 Dara Choudhary @ Santosh Kumar Choudhary son of Late Ram
                    Jee Choudhary
                                     Versus
                               The State Of Bihar
                                       with
                          Cr.Misc. No.28700 of 2011
                  1. Vikas Rajak @ Vikash Kumar Rajak son of Ashok Rajak
                  2. Rajiv Rajak son of Ashok Rajak
                  3. Arvind Kumar Gupta son of Jethu Gupta
                  4. Ashok Kumar Gupta @ Ashok Gupta son of Jethu Gupta
                                     Versus
                               The State Of Bihar
                                    -----------

2. 21.9.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 147, 341, 323, 307, 379, 427

and 504 of the Indian Penal Code.

It has been submitted that even though there is an

allegation of several persons having assaulted the injured but

only three injuries were sustained on the person of the injured

and even after X-ray was advised the injuries were found

simple in nature.

Considering the said fact as also other co-accused

persons have been granted anticipatory bail, let the

petitioners above named, who have fair antecedents, 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 Sandesh P.S. case

No.29 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten
-2-

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

satisfaction of Chief Judicial Magistrate, Bhojpur at Ara,

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. 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 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 if they fail to do so on two

consecutive dates, their bail will be liable to be cancelled.

Narendra/                             ( Anjana Prakash, J. )