Violating conditions under Section 438(2) of CrPC shall lead to cancellation of bail bonds: Patna High Court
It shall also be open for the prosecution to bring any violation of the foregoing conditions of bail by the petitioners, to the notice of the Court concerned, which shall take immediate action on the same after giving opportunity of hearing to the petitioners. This was said in the case of Md. Abid vs The State Of Bihar [Criminal Miscellaneous No.34661 Of 2020] by Mr. Justice Ahsanuddin Amanullah in the High Court of Judicature at Patna
The facts of the case are that there is an allegation against the petitioners of general assault on the informant, his wife and brother and specifically against co-accused, Bibi Arhsadi, that she gave two sword blows on the head of the informant and that she snatched silver chain worth Rs.2500/- from his wife and that the petitioner no. 1 tore the clothes of the informant’s wife. The petitioners apprehend arrest in connection with the case instituted under Sections 341, 323, 324, 307, 354-B, 379, 447, 504, 506/34 of the Indian Penal Code. Hence, the bail application was filed
Learned counsel for the petitioners contended that the petitioner no. 1 is the full brother of the informant and there is property dispute. Secondly, it was contended that the FIR has been lodged after six days of the incident and there is also counter case for the same incident lodged by the petitioner no. 1. Thirdly, it was contended that the petitioner’s side had also received injuries. Learned counsel further contended that besides the allegation being general in nature against the petitioners, they have no criminal antecedent.
Learned Additional Public prosecutors on behalf of the State submitted that the petitioners had also assaulted the informant’s wife and brother
Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court said that “in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973, and further (i) that one of the bailors shall be a close relative of the petitioners, (ii) that the petitioners and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioners, and (iii) that they shall cooperate with the Court and the police/prosecution”.
Furthermore, the Court said that any violation of the terms and conditions of the bonds or undertaking or failure to co-operate by the petitioners shall lead to cancellation of their bail bonds. The bail application was thereby, disposed off.