Patna High Court - Orders
Bishnu Dayal @ Vishun Dalay Rai @ Bhusan & ... vs State Of Bihar on 31 March, 2010
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10184 of 2010
1. BISHNU DAYAL @ VISHUN DAYAL RAI @ BHUSAN.
2. Ramu Dayal Rai.
Both are sons of Janak Rai.
Versus
THE STATE OF BIHAR
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02. 31.03.2010Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the offences under Sections 324 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Taking into consideration the fact that there is land dispute between the parties as is evident from Annexure-2 and the allegation of firing is against co- accused, Ram Dayal and not the petitioner, let the petitioners above named who are in custody since 16.02.2010 and have no criminal antecedents 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 Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 307 of 2009 subject to the following conditions:- (i) That one of the bailors -2- 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 he 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/-