Allowed

Binod Ram @ Binod Baitha and Anr. v. The State Of Bihar

Patna HC2 Apr 2013CR. MISC./4054/2013

Case brief

AI extract

What is this about?

The High Court granted bail to two petitioners accused of murder and illegal possession of arms. Release was conditioned on furnishing a bond and meeting strict requirements regarding local sureties, antecedent reports, and court appearances to prevent misuse of bail.

What did the court decide?

Released on bail subject to furnishing a bond of Rs. 5,000 each and adherence to conditions regarding sureties, antecedent reports, and court appearance.

Binod Ram @ Binod Baitha and Anr. Vs The State Of Bihar — Cheque Dishonour | Patna HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4054 of 2013

¶2

====================================================== 1. Binod Ram @ Binod Baitha, S/O Gorakh Ram, Resident Of VillageKarasar, Police Station- Nawa Nagar, (Sonbarsa), District- Buxar. 2. Dashrath Yadav @ Loha Yadav, S/O Kesho Yadav, Resident Of VillageKirni, Police Station- Nawa Nagar (Sonbarsa), District- Buxar. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Sinha, Adv. For the State : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5 02-04-2013 Heard learned counsel for the Petitioners and the State.

¶3

The Petitioners seek bail in a case instituted for the offence under Sections 395, 397 Indian Penal Code and Section 27 of the Arms Act.

¶4

Considering that the Petitioners have been implicated on the basis of confessional statement of the co-accused but neither there is any recovery from their possession nor they have been put on Test Identification Parade, let the Petitioners above named, 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 Chief Judicial Magistrate, Bhojpur at Ara, in connection with

¶5

Patna High Court Cr.Misc. No.4054 of 2013 (5) dt.02-04-2013

¶6

2/3

¶7

Piro P.S. Case No. 173 of 2012 subject to the following conditions: (i) That one of the bailors will be local who will give an affidavit giving genealogy as to how he is related with the petitioners and the other shall be the mother/sister/brother of 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 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. (iii) 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. (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.

¶8

In view of the antecedents of the Petitioner, the Petitioner is directed to appear before the Superintendent of Police, Bhojpur at Ara, within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine

¶9

Patna High Court Cr.Misc. No.4054 of 2013 (5) dt.02-04-2013

¶10

3/3

¶11

months. The conduct of the Petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the Petitioner before the court concerned.

¶12

(Anjana Prakash, J)

¶13

S.Ali

Binod Ram @ Binod Baitha and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Binod Ram @ Binod Baitha and Anr. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Barun Mandal @ Barna Vs The State Of Bihar

Hira Prasad Mahto @ Kailu Mahto Vs The State Of Bihar

Bibhuti Prasad Yadav @ Bibhuti Yadav Vs The State Of Bihar

Ramashish Bind and Anr. Vs The State Of Bihar

Mahesh Yadav Vs The State Of Bihar

Arun Barnwal Vs The State Of Bihar