Patna High Court - Orders
Gopal Kumar & Ors. vs The State Of Bihar on 16 December, 2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38646 of 2011
1. Gopal Kumar,
2. Kanhaiya Kumar,&
3. Pramod Singh, all sons of Mundrika Singh, resident of village-
Samastipur, P.S.-Sahebpur Kamal, District- Begusarai
...Petitioners
Versus
The State Of Bihar ...OP
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2/ 16.12.2011Heard learned counsel for the petitioners, informant and the State.
The petitioners seek bail in a case instituted for the offence under sections 341, 323, 337, 448, 504, 506 and 507 of the Indian Penal Code.
Considering that the petitioners are agnates and the occurrence took place on account of land dispute between them, let the petitioners, above named, who have fair antecedents, be released on bail on furnishing bail bond of Rs.5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal P.S. Case No.141 of 2011, subject to the 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. 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 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 2 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.)