Patna High Court - OrdersPravin Kumar & Ors. vs The State Of Bihar on 2 November, 2015Author:Mihir Kumar JhaBench:Mihir Kumar JhaIN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.45871 of 2015
                        Arising Out of PS.Case No. -118 Year- 2015 Thana -RAJGIR District- NALANDA
                                                      (BIHARSHARIFF)
                 ======================================================
                 1. Pravin Kumar S/o Sri Bipendra Singh R/o Mahadev Pur
                 2. Shyam Bharti S/o Sri Kailash Prasad R/o Bichali Kuan Rajgir.
                 3. Shyam Deo Rajbanshi S/o Late Sitaram Rajbanshi R/o Ajatsatru Nagar.
                    All Serial No. 1 to 3 are P.S. Rajgir, District Nalanda.

                                                                                 .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                           .... .... Opposite Party/s
                 ======================================================
                                             with
                            Criminal Miscellaneous No.48740 of 2015
                        Arising Out of PS.Case No. -118 Year- 2015 Thana -RAJGIR District- NALANDA
                                                      (BIHARSHARIFF)
                 ======================================================
                 1. Kundan Singh son of Naresh Singh, R/o Village- Sabal Pur, P.S.-
                    Rajgir, District- Nalanda
                 2. Param Hans Singh @ Param Hans Kr. Singh, S/o Bhuneshwar Singh,
                    R/o Village- Chakpar, P.S.- Rajgir, District- Nalanda
                 3. Raja Ram Singh S/o Late Ramnaresh singh, R/o Village- Naipokhar,
                    P.S.- Rajgir, District- Nalanda
                 4. Umraon Prasad, Nirmal Sonof Late Hauri Yadav, R/o Mohalla- Nichali
                    Bazar (Kuan), Rajgir, P.S.- Rajgir, District- Nalanda
                 5. Pankaj Singh son of Gopal Singh, R/o Village- Pilkhi, P.S.- Rajgir,
                    District- Nalanda

                                                                                 .... ....   Petitioner/s
                                                        Versus
                 1. The State of Bihar

                                                                   .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In Cr.Misc. No.45871 of 2015)
                 For the Petitioner/s      : Dr. Anjani Pd. Singh
                 For the Opposite Party/s   : Mr. G.S.Gupta (APP)
                 (In Cr.Misc. No.48740 of 2015)
                 For the Petitioner/s      :    Dr. Anjani Pd. Singh
                 For the Opposite Party/s   :   Md.Ashlam Ansari (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
                 ORAL ORDER

2   02-11-2015Heard learned counsel for the parties.Patna High Court Cr.Misc. No.45871 of 2015 (2) dt.02-11-2015                                 2Having regard to the nature of allegation for offence

             underSections 147,148,149,323,333,307,435,431,188,120-B,121-A,353,153-A,255of the Indian Penal Code andSection 27of the

             Arms Act and that not only the petitioners in both the cases have got

             no criminal antecedent but the                    co-accused,   having   identical

             allegation, namely, Md. Imam @ Md. Inam, Chandra Prakash, Deo

             Nandan Choudhary, Gopal Bhadani and Ranjan Singh who have been

             granted anticipatory bail only on the ground that they too being

             members of mob alike the petitioners by an order dated 7.10.2015 in

             Cr. Misc. No. 40002 of 2015 and following that order, the co-accused,

             namely, Amit Kumar Paswan and Gopal Bhadani, having again

             identical allegation, have also been granted privilege of anticipatory

             bail by order dated 8.10.2015 in Cr. Misc. No. 40164 of 2015, this

             Court in order to maintain parity will also grant them the privilege of

             anticipatory bail.Thus if the petitioners of both the cases, namely, Pravin Kumar,

             Shyam Bharti, Shyamdeo Rajbanshi (petitioners of Cr. Misc. No. 45871

             of 2015) and Kundan Singh, Param Hans Singh @ Param Hans Kumar

             Singh, Raja Ram Singh, Umraon Prasad and Pankaj Singh (petitioners

             of Cr. Misc. No. 48740 of 2015) would surrender before the court below

             within a period of four weeks from today they shall be released on bail on

             furnishing bail bond of Rs. 10,000/- (ten thousand) each with two

             sureties of the like amount each to the satisfaction of Chief Judicial

             Magistrate, Nalanda at Bihar-Sharif in connection with Rajgir P.S. CasePatna High Court Cr.Misc. No.45871 of 2015 (2) dt.02-11-2015                            3No. 118 of 2015, subject to the conditions as laid down underSection

                       438(2)of the Cr.P.C. as also subject to following conditions:-(i)      That both the bailors will be a close relative of the petitioners,

                       who will undertake an affidavit giving genealogy as to how they are

                       related with the petitioners. The bailors will also 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 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 be well represented on each and every

                       date in course of trial and if they fail to do so on two consecutive dates,

                       their bail will be liable to be cancelled on this ground alone.(Mihir Kumar Jha, J)
Rishi/-U          T