IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 28791 of 2011
1. Shyam Bihari Pasi, S/o Late Ram Sakal Pasi, R/o Vill-
Ajgari, P.S-Kudra, Dist-Kaimur (Bhabua).
2. Shyam Lal Pasi, S/o Late Ram Sakal Pasi, R/o Vill-
Ajgari, P.S-Kudra, Dist-Kaimur (Bhabua).
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 364, 302 and 201/34 of
the Indian Penal Code.
Considering that there is no explanation for the
delay in filing of the complaint of about seven months, let
the petitioners, above named who have fair antecedents 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 bond of Rs. 5,000/- (Five Thousand) with
two sureties of the like amount each or any other surety
as fixed by the Court to the satisfaction of Chief Judicial
Magistrate, Kaimur (Bhabhua) in connection with Kudra
P.S. Case No. 167 of 2010 subject to the conditions as laid
down under Section 438(2) of the 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
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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/-