Patna High Court - Orders
Sikandar Kumar & Anr vs The State Of Bihar on 14 February, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 3379 of 2013
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1. Sikandar Kumar, Son of Ram Chandra Mahto.
2. Madhurendra Kumar, Son of Pramod Mandal.
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 14.02.2013Heard learned counsel for the Petitioners and the State.
The Petitioners seek bail in a case instituted for the offences under Sections 457 and 380 of the Indian Penal Code.
Considering that the Petitioners are in custody since 25.11.2012 and have no criminal antecedents, let them be released on bail 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 Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Sitamarhi (Mehsaul OP) P.S. Case No. 895 of 2012 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 and the other bailor shall be the son-in-law of the Petitioners namely Subhash Chandra Mahto. The bailor will also Patna High Court Cr.Misc. No.3379 of 2013 (2) dt.14-02-2013 2 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/-