IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28759 of 2011
1. Hapo Rai @ Raj Kumar Rai @ Hatho Rai, S/o
Vishwanath Rai, R/o Vill- Maner, Balupur, P.S-
Maner, Dist-Patna.
2. Anil Rai @ Anil Kumar, S/o Vishwanath Rai, R/o
Vill- Maner, Balupur, P.S- Maner, Dist-Patna.
3. Sunil Rai @ Sunil Kumar, S/o Vishwanath Rai, R/o
Vill- Maner, Balupur, P.S- Maner, Dist-Patna.
Versus
1. The State of Bihar
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02. 26.09.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 341, 323, 379 and 307 of
the Indian Penal Code.
It has been submitted that after the present First
Information Report was instituted the matter has been
compromised between the parties which has been
annexed as Annexure-2.
In view of such, let the petitioners, above named
be released on anticipatory bail in the event of arrest or
surrender before the learned Court below within a period
of four weeks from the date of receipt of the order on
furnishing bail bonds of Rs. 5,000/- (Five Thousand) each
with two sureties of the like amount each or any other
surety as fixed by the Court to the satisfaction of
Additional Chief Judicial Magistrate, Danapur in
connection with Maner P.S. Case No. 24 of 2011 subject
to the conditions as laid down under Section 438(2) of the
2
Code of Criminal Procedure as also 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
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.
(Anjana Prakash, J.)
Vikash/-