High Court Patna High Court - Orders

Santosh Kumar Pandey vs The State Of Bihar on 7 October, 2010

Patna High Court – Orders
Santosh Kumar Pandey vs The State Of Bihar on 7 October, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.33949 of 2010
               SANTOSH KUMAR PANDEY, S/o Ram Saran.
                                Versus
                         THE STATE OF BIHAR
                                  with
                      Cr.Misc. No.34001 of 2010
                 1. BABAN PANDEY @ MAHENDRA PANDEY.
                            2. Deepak Pandey.
                                Both are sons of Shri Ram Saran.
                                Versus
                         THE STATE OF BIHAR
                               -----------

02. 07.10.2010 Heard learned counsel for the petitioners,

informant and the State.

The petitioners seek bail in a case instituted for

the offences under Sections 364 read with 120B of the

Indian Penal Code.

Considering that even the eye-witnesses did not

name the petitioners and the entire case is based only on

suspicion on account of a probable motive, let the

petitioners, above named be released on bail 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 Additional Chief

Judicial Magistrate, Danapur in connection with Danapur

P.S. Case No. 107 of 2009 subject to the following

conditions:- (i) That one of the bailors shall be local since

the petitioners belong to U.P. and the other bailor shall be

the father/mother/wife of the petitioners. The bailor will

also undertake to inform the Court if there is any change
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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 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 and if

they fail to do so on two consecutive dates, their bail will

be liable to be cancelled.

(Anjana Prakash, J.)
Vikash/-