High Court Patna High Court - Orders

Baidh Nath Ram & Anr. vs The State Of Bihar on 3 August, 2011

Patna High Court – Orders
Baidh Nath Ram & Anr. vs The State Of Bihar on 3 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No. 24716 of 2011
               1. Baidh Nath Ram, S/o Ram Surat Ram.
               2. Yadav Lal Prasad @ Yado Lal Prasad, S/o Shambhu
                  Bhagat.
                                          Versus
                                   The State of Bihar
                                        -------------

02. 03.08.2011 Heard learned counsel for the petitioners and the

State.

The petitioners seek bail in a case instituted for

the offences under Sections 147, 148, 149, 341, 342,

323, 324 307, 427, 436, 504 and 379 of the Indian Penal

Code, Section 27 of the Arms Act and Section 17 of the

C.L.A. Act.

Considering that the petitioners are in custody

since 06.12.2010 and they were not named in the First

Information Report but subsequently by the witnesses

who had seen them nearby tower, let the petitioners,

above named be released on bail on furnishing bail bond

of Rs. 5,000/- (Five Thousand) with two sureties of the

like amount each or any other surety as fixed by the Court

to the satisfaction of Sub-Divisional Judicial Magistrate,

Sikarahana, East Champaran at Motihari in connection

with Rajepur P.S. Case No. 112 of 2010 subject to the

following conditions:- (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
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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.

In view of the antecedents of the petitioners, the

petitioners are directed to appear before the

Superintendent of Police, East Champaran within fifteen

days of his release with a copy of this order and every two

weeks thereafter for the next one year. The conduct of the

petitioners will be kept under watch in this period by the

superintendent of Police concerned and if it is found
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wanting in any respect, a report shall be made to the

court concerned by him to initiate a proceeding for

cancellation of bail for reasons of misuse of bail. After

reporting to the Superintendent of Police, a certificate will

be filed by the petitioners before the court concerned.

(Anjana Prakash, J.)
Vikash/-