IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.28457 of 2011
Dara Choudhary @ Santosh Kumar Choudhary son of Late Ram
Jee Choudhary
Versus
The State Of Bihar
with
Cr.Misc. No.28700 of 2011
1. Vikas Rajak @ Vikash Kumar Rajak son of Ashok Rajak
2. Rajiv Rajak son of Ashok Rajak
3. Arvind Kumar Gupta son of Jethu Gupta
4. Ashok Kumar Gupta @ Ashok Gupta son of Jethu Gupta
Versus
The State Of Bihar
-----------
2. 21.9.2011 Heard learned counsel for the petitioners and the
State.
The petitioners are apprehending their arrest in a
case registered under Sections 147, 341, 323, 307, 379, 427
and 504 of the Indian Penal Code.
It has been submitted that even though there is an
allegation of several persons having assaulted the injured but
only three injuries were sustained on the person of the injured
and even after X-ray was advised the injuries were found
simple in nature.
Considering the said fact as also other co-accused
persons have been granted anticipatory bail, 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 12
weeks from today in connection with Sandesh P.S. case
No.29 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten
-2-
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Bhojpur at Ara,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure as also conditions (i) That
one of the bailor 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 undertake to furnish
information to the Court about any change in 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 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 if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
Narendra/ ( Anjana Prakash, J. )