Patna High Court - Orders
Thakur Hembram & Ors. vs The State Of Bihar on 25 November, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.38382 of 2011
1. Thakur Hembram son of Chhotelal Hembram,
2. Chhotelal Hembram son of Raisingh Hembram, &
3. Charan Hembram son of Chhotelal Hembram ...Petitioners
Versus
The State Of Bihar ...OP
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2/ 25.11.2011Heard learned counsel for the petitioners and the State.
The petitioners seek anticipatory bail in a case instituted for the offence under sections 144, 447, 379 and 384 of the Indian Penal Code.
Considering that the dispute is with regard to fishery rights, it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Manihari P.S. Case No.04 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, subject to conditions as laid down under section 438 (2) Cr. P.C., and (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 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 and further the petitioners shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case they fail to do 2 so, their bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they 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 delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (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.
JA/- (Anjana Prakash,J.)