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Patna High Court - Orders

Bigan Rajwar & Anr vs The State Of Bihar on 2 February, 2010

Author: Anjana Prakash

Bench: Anjana Prakash

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.2344 of 2010
                DEV VRAT RAM, S/o Late Shyam Lal Ram.
                                  Versus
                          THE STATE OF BIHAR
                                   with
                       Cr.Misc. No.3850 of 2010
          1. BIGAN RAJWAR, S/o Sri Gholatu Rajwar.
          2. Anant Rajwar, S/o Late Etwar Rajwar.
                                  Versus
                          THE STATE OF BIHAR
                                -----------

02.   02.02.2010

Heard learned counsel for the petitioners and the State.

The petitioners seek bail in a case instituted for the offences under Sections 147, 148, 149, 302, 326, 325, 324, 323, 435, 436, 427, 452 and 380 of the Indian Penal Code, Section 27 of the Arms Act, Section 3, 4 and of the Explosive Substance Act and Section 17 of the Criminal Law Amendment Act.

Taking into consideration the fact that the petitioners are not named in the First Information Report, their names transpired in the confessional statement of the co-accused and they have no criminal antecedent, let the petitioners above named who are in custody since 31.10.2009 be released on bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram in connection with Nashriganj (Rajpur) P.S. Case No. 74 of -2- 2007 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. (ii) That the affidavit shall clearly state that the petitioners are not 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.

(Anjana Prakash, J.) Vikash/-