IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 25662 of 2011
1. Kavendra Singh @ Kamendra Singh, S/o Late Baiju Singh.
2. Bipin Singh @ Bipin Kumar, S/o Late Baiju Singh.
3. Fuddu Singh @ Santosh Kumar Singh, S/o Pawan Singh.
4. Raja Babu @ Abhishek, S/o Satya Narayan Singh.
Versus
The State of Bihar
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02. 29.08.2011 Supplementary-affidavit filed today be kept on record.
Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 147, 148, 149, 452, 307, 323,
324, 326, 436, 354, 380, 504 and 506 of the Indian Penal
Code.
Considering that there is a counter-version with
regard to the same occurrence given by the petitioner No. 3 and
the parties are agnates and there was land dispute between
them on account of this occurrence took place and the injuries
sustained by him are simple in nature and the petitioners have
no criminal antecedents, 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 four weeks
from the date of receipt of the order on furnishing bail bonds of
Rs. 5,000/- (Five Thousand) each with two sureties of the like
amount each or any other surety as fixed by the Court to the
satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in
connection with Baligaon P.S. Case No. 51 of 2010 subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure as also subject to the following conditions:-
2
(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 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.
(Anjana Prakash, J.)
Vikash/-