IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23861 of 2011
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1. Rajneesh Kuamr, son of Vinod Singh, resident of Mohalla Chandmari
Road, Kankarbagh, P.S. Kankarbagh, Distt. Patna.
2. Vikas Kumar, son of Bir Nandan Singh, resident of Vill. Sipara, P.S.
Beur, Distt. Patna.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh with
Mr. Jagdish Prasad, Advocates
For the Opposite Party/s : Mr. M.K. Nirala, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA)
4 13-10-2011 Heard.
The petitioners apprehend their arrest in a criminal
prosecution registered under Sections 384/120B/34 of the Indian
Penal Code.
Learned counsel for the petitioners submits that
though the petitioners are named in the first information report
vide Annexure-1 as the accused, but their names have been
included in the first information report in view of statement made
by the co-accused, Ranjit Kumar before the Police, who was
apprehended on the spot and Rs.120/- was allegedly recovered
Patna High Court Cr.Misc. No.23861 of 2011 (4) dt.13-10-2011
2
from his possession. It is further submitted that the petitioners are
men of absolutely fair antecedent and there is no criminal history
at all against them. It is also submitted that co-accused, Sunil
Kumar @ Sunil Kumar Singh, with almost identical allegations,
has already been granted anticipatory bail by a Bench of this Court
by order dated 25.08.2011 passed in Cr. Misc. No. 20098 of 2011.
In the aforesaid facts and circumstances, in the event of
their arrest or surrender before the learned court below within a
period of four weeks from today, the above named petitioners are
directed to be released on bail in connection with Jakkanpur P.S.
Case No.127 of 2011 on furnishing bail bonds of Rs.10,000/-(ten
thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Patna subject to
the conditions laid down under Section 438 (2) of the Cr.P.C. and
subject to further conditions that:-
(a) that one of the bailors must be a government servant
or close family member or relation of the petitioners,
who will file an affidavit in the court below showing
his/her relationship with the petitioner.
(b) If the petitioners are found involved in same and similar
nature of cases in future, then in that cases the
informant/prosecution shall be at liberty to file a
petition for cancellation of the bail of the petitioners,
and if such a petition is filed, the court below would be
Patna High Court Cr.Misc. No.23861 of 2011 (4) dt.13-10-20113
obliged to dispose of the same in accordance with law
after giving opportunity of hearing to all concerned,
(c) the petitioners shall make regular pairvi in the court
below in the present case either by appearing
themselves in person or through representation by
their lawyer on each and every date, and if on two
consecutive dates petitioners fail to make pairvi, then
the court below shall be at liberty to cancel the bail
bond of the petitioners.
(Birendra Prasad Verma, J)
Anjani /-
