High Court Patna High Court - Orders

Kalanand Mehta vs State Of Bihar on 29 July, 2010

Patna High Court – Orders
Kalanand Mehta vs State Of Bihar on 29 July, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.25682 of 2010
                KALANAND MEHTA S/O GUJJAR MEHTA
                                 Versus
                          STATE OF BIHAR
                                   with
                       Cr.Misc. No.27457 of 2010
                 HARI LAL SINGH S/O SUKHDEO SINGH
                                 Versus
                          STATE OF BIHAR
                                -----------

2. 29.7.2010 Heard learned counsel for the petitioners and

the State.

The petitioners seek bail in a case instituted

for the offence under Sections 364,34, 302, 201 and

120-B of the Indian Penal Code.

It has been submitted that the petitioners

are not named in the First Information Report and

subsequently their names transpired in the

confessional statement of the co-accused.

Considering that there is no eye-witness

to the occurrence nor do the petitioners have direct

motive to commit the murder of the deceased, let the

petitioners, above named, be released on bail on

furnishing bail bond of Rs. 5,000/- (five thousand)

with two sureties of the like amount each to the

satisfaction of the learned 1st Additional Sessions

Judge, Purnea, in connection with S.T.No.691/2010
2

(arising out of K. Hat Madhubani P.S. case no.

45/2010) subject to the conditions, (i) That one of

the bailor will be a close relative of the petitioners,

who will give an affidavit giving genealogy as to how

he is related with the petitioners, with regard to the

petitioner Hari Lal Singh one local bailor shall

required since he resides District-Katihar. The bailor

will undertake to furnish information to the court

about 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 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, (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.

Fahad.                                 (Anjana Prakash, J)