High Court Patna High Court - Orders

Ajay Kumar Singh vs The State Of Bihar on 24 August, 2011

Patna High Court – Orders
Ajay Kumar Singh vs The State Of Bihar on 24 August, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Criminal Miscellaneous No.27398 of 2011
                    1. Ajay Kumar Singh, S/o Raj Dev Prasad Singh, R/o
                        Vill.-Mahajamma, P.S.-Mahua,Dist.-Vaishali.
                                                Versus
                                        1. The State of Bihar
                                                 with
                             Criminal Miscellaneous No.27447 of 2011
                    1. Dhananjay Kumar Gupta, S/o Sri Raj Kishore Sah, R/o
                             Vill.-Akhta, P.S.-Bairgania,Dist.-Sitamarhi.
                                                Versus
                                1. The State of Bihar Through C.B.I.
                                                 with
                             Criminal Miscellaneous No.28044 of 2011
                    1. Arun Kumar S/o Hari Nandan Rai R/o Vill. Etwarpur,
                        P.S. Lalganj, Distt. Vaishali
                                                Versus
                    1. The Central Bureau of Investigation Through The Joint
                        Director.
                                             --------------

02. 24.08.2011 Heard learned counsel for the petitioners, State and

the C.B.I.

The petitioners seek bail in a case instituted for the

offences under Sections 120B, 419, 420, 464, 468 and 471 of

the Indian Penal Code.

Learned counsel for the CBI vehemently opposes the

prayer for bail and submits that in the facts of the case

petitioners are involved in social crime they should not be

released on bail.

Considering that the petitioners are in custody since

16/18.05.2010 and charge-sheet has already been submitted

in their regard, let the petitioners, above named be released on

bail after full verification of the petitioners and bailors

identity 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

Special Judicial Magistrate, CBI (SDJM) Patna in connection
2

with RC 219 2011 E 0004 [04(E)2011] subject to the following

conditions:- (i) That one of the bailors shall be local since the

petitioners belong to Vaishali/Sitamarhi and the other bailor

shall be father of 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/-