High Court Patna High Court - Orders

Om Prakash Singh & Ors. vs The State Of Bihar on 19 September, 2011

Patna High Court – Orders
Om Prakash Singh & Ors. vs The State Of Bihar on 19 September, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.28150 of 2011
                  1.   Om Prakash Singh S/o Ramdarash Singh
                  2.   Ram Darash Singh @ Ramdasrash Singh S/o late Ram
                       Chandra Singh
                  3.   Mahatam Singh S/o late Ram Chandra Singh
                  4.   Gandhi Singh S/o late Ram Chandra Singh
                                                Versus
                                         The State Of Bihar
                                              -----------

2. 19.9.2011 Heard learned counsel for the petitioners and the

State.

The petitioners are apprehending their arrest in a

case registered under Sections 341, 323, 324, 307, 325, 379

and 504/34 of the Indian Penal Code.

Considering that on account of a minor dispute, a

free fight ensued between the parties and on the side of the

accused one person was killed, 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 Manjhi (Saran) P.S.

case No.51 of 2010 on furnishing bail bonds of Rs.10,000/-

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

the satisfaction of C.J.M., Saran at Chapra, 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)
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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. )