High Court Patna High Court - Orders

Bechan Das &Amp; Ors vs State Of Bihar on 31 August, 2010

Patna High Court – Orders
Bechan Das &Amp; Ors vs State Of Bihar on 31 August, 2010
         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.29391 of 2010
           1. BECHAN DAS S/O JOLHA DAS
           2. DEVENDRA GOIT @ RADHE SHYAM GOIT
              S/O MADHESHWAR GOIT
           3. JOGENDRA SAHNI S/O GAURI SAHNI
           4. KRISHNA KUMAR THAKUR S/O MANGNU THAKUR
                             Versus
                       STATE OF BIHAR
                            -----------

2. 31.08.2010 Heard learned Counsel for the

petitioners and the State.

The petitioners seek bail in a case

instituted for the offence under Sections 121,

121-A, 124 of the Indian Penal Code and 17 of

the Criminal Law Amendment Act.

Considering that the petitioners are in

custody for recovery of an objectionable map but

has no criminal antecedents, 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 to be fixed by the court concerned to the

satisfaction of learned Chief Judicial Magistrate,

Madhubani in connection with Basopatti P.S.

Case No. 47/2010, subject to the conditions, (i)
2

That one of the bailor 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

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 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
3

of misuse, (v) That the petitioners will be well

represented on each date if they fail to do so on

two consecutive dates, their bail will be liable to

be cancelled.

With regard to the petitioner nos. 1, 2

and 3 local bailor shall be required since they

belong to Nepal and preferably government

servants and with regard to petitioner no. 4 one

of the bailor shall be the father of the petitioner.

Fahad.                          ( Anjana Prakash, J. )