IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.6550 of 2011
1. RAM KUMAR THAKUR son of Late Baijnath Thakur &
2. Munna Thakur son of Ram Kumar Thakur
Versus
THE STATE OF BIHAR
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2/ 23.03.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under sections 147, 323, 341, 448, 436, 379 and 427 of the
Indian Penal Code.
Considering that the occurrence took place on account
of bonafide land dispute and the petitioners are in custody since
19.1.2011 as also most of the sections are bailable and the
petitioners have clean antecedents, let the petitioners, above named,
be released on bail on furnishing bail bond of Rs.5,000/- (five
thousand) each with two sureties of the like amount each or any
other surety to be fixed by the court below to the satisfaction of the
Chief Judicial Magistrate, Madhubani, in connection with Kaluahi
P.S. Case No.72 of 2010, subject to the 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 bailors will undertake to furnish information to the
court about any change in the address of the petitioners, (ii) 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,(iii) that the petitioners
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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
(iv) 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.)