High Court Patna High Court - Orders

Awadhesh Kumar @ Babuaji @ … vs The State Of Bihar on 15 June, 2010

Patna High Court – Orders
Awadhesh Kumar @ Babuaji @ … vs The State Of Bihar on 15 June, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr.Misc. No.20345 of 2010
          1. AWADHESH KUMAR @ BABUAJI @ AWADHESH RAI,
                             S/o Dharmnath Rai.
                      2. Anil Kumar Rai, S/o Tipan Rai.
                       3. Babban Rai, S/o Prabhu Rai.
                    4. Mantu Rai, S/o Chandeshwar Rai.
                       5. Jai Nath Rai, S/o Sipahi Rai.
           6. Bijendra Kumar @ Bijendra Rai, S/o Ramanand Rai.
       7. Yogiraj Kamaldeo @ Uma Prasad Yadav @ Yograj Kamaldeo,
                              S/o Ramnath Rai.
            8. Sanjay Kumar @ Sanjay Rai, S/o Prabhunath Rai.
                                   Versus
                            THE STATE OF BIHAR
                                  -----------

02. 15.06.2010 Heard learned counsel for the petitioners and the

State.

The petitioners seek anticipatory bail in a case

instituted for the offences under Sections 147, 148, 149,

353, 332, 307, 189, 337, 338, 323, 427 and 120B of the

Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that when the police

personnel tried to intervene in a dispute over contractual

work the petitioners being members of the mob are said to

have pelted stones, fired and exploded bombs but no

injury was caused to any one.

In view of such, in the event of surrender of the

petitioners, named above, within four weeks from today in

connection with Doriganj P.S. Case No. 56 of 2007, they

shall be released on anticipatory bail on furnishing bail

bonds of Rs. 5,000/- (Five Thousand) each with two

sureties of the like amount each to the satisfaction of
2

Chief 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 also

undertake to inform the Court if there is any change in

the address of the petitioners. (ii) That the petitioners

shall undertake to be represented on the first date after

cognizance and in case they fail to do so, their bail bond

will be liable to be cancelled (iii) 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. (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.

(Anjana Prakash, J.)
Vikash/-