High Court Patna High Court - Orders

Chandra Shekhar Prasad & Ors. vs The State Of Bihar on 6 September, 2011

Patna High Court – Orders
Chandra Shekhar Prasad & Ors. vs The State Of Bihar on 6 September, 2011
                      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.)