IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.26949 of 2011
1. Bhola Rai,
2. Shatrughan Rai @ Shatrughan Das both son of Late Bake Das,
3. Rakesh Kumar &
4. Ramesh Kumar both sons of Bhola Rai ...Petitioners
Versus
The State Of Bihar ... OP
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2/ 09.09.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted
for the offence under section 307 and other allied sections of the
Indian Penal Code.
It has been submitted that the petitioner nos. 1 and 2 are
the brothers of the informant, whereas, petitioner nos. 3 and 4 are his
nephews and on account of minor dispute over land on spur of
moment this occurrence took place in which the informant and his
son sustained injury which was simple in nature.
In view of such, 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 Maner P.S. Case No.74 of
2011, they shall be released on anticipatory bail on furnishing bail
bond of Rs.5,000/-(five thousand) with two sureties of the like
amount each to the satisfaction of the Addl. Chief Judicial
Magistrate, Danapur, 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
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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 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 and (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.
JA/- (Anjana Prakash,J.)