Patna High Court - Orders
Binod Kumar Pandey @ Binod Pandey & Anr. vs The State Of Bihar on 30 January, 2013
Author: Anjana Prakash
Bench: Anjana Prakash
Patna High Court Cr.Misc. No.1090 of 2013 (2) dt.30-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1090 of 2013
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1. Binod Kumar Pandey @ Binod Pandey
2. Pramod Kumar Pandey @ Pramod Pandey, both sons of Vijay Kumar
Pandey @ Vijay Pandey, both resident of village Barki Sanadiya, P.S.
Ara Muffasil, District Bhojpur
.... .... Petitioner/s
Versus
The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajiva Ranjan, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No.I, A.P.P.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
2 30-01-2013Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 307, 353, 435, 427, 506, 504, 379 of the Indian Penal Code and ¾ of the Prevention of Damage to Public Property Act.
Considering the nature of allegations and the fact that the petitioners have fair antecedents, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Ara Muffasil P.S. case No.167 of 2012 on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor Patna High Court Cr.Misc. No.1090 of 2013 (2) dt.30-01-2013 shall be the father of the petitioners and the other bailor 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 bailor will undertake to furnish information to the Court about any change in 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 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 if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J) Narendra/-