High Court Patna High Court - Orders

Ajit Kumar Sah & Anr vs The State Of Bihar on 25 July, 2011

Patna High Court – Orders
Ajit Kumar Sah & Anr vs The State Of Bihar on 25 July, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.11963 of 2011
             1. Ajit Kumar Sah
             2. Indrajeet Sah
             Both sons of late Subedar Sah, r/o village Gawandri, P.S. Taraiya,
             Distt. Saran (Chapra).
                                                             -------- Petitioners.
                                                Versus
             The State Of Bihar                              ----Opposite Party.

                                              -----------

4. 25.7.2011 Heard learned counsel for the petitioners and the

State.

The petitioners seek anticipatory bail in a case

instituted for the offence under Sections 302/34 of the Indian

Penal Code.

The prosecution case is that the deceased was

allegedly called away by the petitioners and others since he

was suspected to have stolen the petitioners’ cycle and,

therefore, he was taken away by them. This allegation appears

to be untenable because a cycle was recovered from the place

where the deceased was found lying dead. Also there is no eye

witness to the actual assault and the petitioners have no

criminal antecedents.

Considering the same, let the petitioners in the

event of surrender, named above, within four weeks from the

date of receipt of this order, in connection with Taraiya P.S.

Case No. 93 of 2010 shall be released on anticipatory bail on

furnishing bail bond of Rs. 5,000/- (Five thousand) each with

two sureties of the like amount each to the satisfaction of Chief
2

Judicial Magistrate, Saran at Chapra, subject to conditions as

laid down under Section 438(2) Cr. P.C., and (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 undertake to furnish information to

the court about any change in the address of the petitioners. (ii)

That the affidavit shall clearly state that the petitioners are not

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 delay 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.)
S.Ali