Santosh Kumar and ors Vs. the State of Bihar

Santosh Kumar and ors vs The State of Bihar

Type Court Judgment Court Patna Decided May 13, 2012

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https://sooperkanoon.com/case/974752

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Citation: sooperkanoon.com/974752
Court: Patna High Court
Decided On: May 13, 2012
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Santosh Kumar and ors

Respondent

The State of Bihar

Excerpt

.....indian penal code and section 47(a)(d)(f) of excise act. considering that there is no direct material against the petitioners who 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 four weeks from the date of receipt of the order on furnishing bail bonds of rs. 5,000/- (five thousand) each 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, sikharna, west champaran at motihari in connection with madhuban p.s. case no. 226 of 2011 subject to the 2 conditions as laid down under section 438(2) of the code of criminal procedure as also 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. the bailor 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 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 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/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 43234 o”

1. Santosh Kumar, S/o Bhola Bhagat, Resident of Village - Bahuara Bhan, P.S. - Madhuban, District - East Champaran At Motihari.

2. Bhola Bhagat, S/o Late Ramautar Bhagat, Resident of Village - Bahuara Bhan, P.S. - Madhuban, District - East Champaran At Motihari.

3. Manoj Bhagat @ Manoj Kumar, S/o Batahu Bhagat Resident of Village - Bhagwanpur, P.S. - Madhuban, District - East Champaran At Motihari. Versus 1. The State of Bihar ------------------- 02. 13.01.2012 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 272, 273 and 485/34 of the Indian Penal Code and Section 47(A)(D)(F) of Excise Act. Considering that there is no direct material against the petitioners who 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 four weeks from the date of receipt of the order on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each 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, Sikharna, West Champaran at Motihari in connection with Madhuban P.S. Case No. 226 of 2011 subject to the 2 conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also 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. The bailor 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 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 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/-

Same Court & Year Patna · 2012 Same Parties Santosh Kumar and ors vs The State of Bihar Same Subject Education