High Court Patna High Court - Orders

Anil Tigar & Anr. vs The State Of Bihar on 14 September, 2011

Patna High Court – Orders
Anil Tigar & Anr. vs The State Of Bihar on 14 September, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.27948 of 2011
                   1. Anil Tigar son of Rajaram Singh &
                   2. Sunil Singh son of Narayan Singh     ...Petitioners
                                          Versus
                  The State Of Bihar                           ...OP

                                           With

                                Cr. Misc. No. 27961 of 2011
                   1. Bharat Singh son of Nathuni Singh,
                   2. Chhedi Singh son of Late Soharaie Singh,
                   3. Surendra Singh son of Niranjan Singh,
                   4. Sanjay Singh @ Bhola son of Sukhadeo Singh,
                   5. Vinod Singh son of Daroga Singh,
                   6. Sunil Singh son of Rajaram Singh,
                   7. Rakesh Singh son of Bharat Singh,
                   8. Santosh Kuamr Singh son of Debraj Singh,
                   9. Sheo Nandan Singh son of Kariman Singh,
                   10. Bharat Singh son of Sukhadeo Singh,
                   11. Ramadhar Singh son of Ghura Singh,
                   12. Saroj Kumar son of Dharamjit Singh,
                   13. Vikash Kumar son of Ram Nandan Singh,
                   14. Ramadhar Singh son Bhikhari Singh, &
                   15. Dinesh Singh son of Ram Nandan Singh                     ...Petitioners
                                           Versus
                  The State Of Bihar                                                  ...OP
                                          -----------

2/ 14.09.2011 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted

for the offence under sections 147, 149, 341, 323, 427 of the Indian

Penal Code and section 3(x) of the of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

Considering that the real dispute was with regard to the

construction on a government land, it is ordered that in the event of

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

the date of receipt of a copy of this order in connection with Baroon

P.S. Case No.150 of 2011, they shall be released on anticipatory bail

on furnishing bail bond of Rs.5,000/-(five thousand) each with two
2

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

Judicial Magistrate, Aurangabad, 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 bailors

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 an accused in any other case and, if

they are, they shall not be released on bail and further the petitioners

shall undertake to be represented on the first date after cognizance if

the investigation in the case is still pending and in case they fail to

do so, their bail bond will be liable to be cancelled (iii) That the

bailors shall also state on affidavit that they 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 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.

JA/-                                            (Anjana Prakash,J.)