IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20181 of 2011
1. Chandra Shekhar Prasad, son of late Bir Bhadra Prasad
2. Sushil Prasad @ Nipu Prasad @ Nipu, son of Adopted
son of late Akhileshwar Prasad, who was earlier born son
of Chandra Shekher Prasad.
3. Birendra Pandey, son of late Bageshwari Pandey
4. Binda Sah @ Bintha Sah, son of late Munni Sah
All resident of village - Ratan Mala, P.S. - Majhaulia,
District - West Champaran.
------ Petitioners.
Versus
The State of Bihar -------Opposite Party
*****
04. 06.09.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
The petitioners apprehending their arrest in
connection with Tr. No. 1950/2010/1680/2011, arising
out of Complaint Case No. 35-C of 1999, pending in
the court of Sri B.K. Pathak, Judicial Magistrate,
Bettiah (West Champaran).
In this twelve years old complaint case all
the four petitioners are named accused. Submission is
that initially against order taking cognizance Cr. Misc.
No. 30220/1999 was preferred, further proceeding of
the court below was stayed, recently said
miscellaneous case has been dismissed. Further
submission is that civil suit etc. between the parties
also going on.
Considering the facts and circumstances of
the case, in the event of their arrest or surrender within
a period of four weeks, let the above-named petitioners
be enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) each with two sureties
of the like amount each to the satisfaction of Sri B.K.
Pathak, Judicial Magistrate, Bettiah (West
Champaran), in connection with Tr. No.
1950/2010/1680/2011, arising out of Complaint Case
No. 35-C of 1999, subject to condition under section
438(2) of the Code of Criminal Procedure, and
additional condition to attend the court regularly at
least for three years or till disposal of the case,
whichever is earlier and in the event of failure on two
consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)