IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25152 of 2011
1. Marachu Paswan S/O Late Parwal Paswan R/O Vill.-
Baranda, P.S.- Dhibra, Distt.- Aurangabad
2. Bhim Paswan S/O Late Parwal Paswan R/O Vill.-
Baranda, P.S.- Dhibra, Distt.- Aurangabad
Versus
1. The State Of Bihar
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03. 14.09.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 341, 326 and 307/34 of the
Indian Penal Code and later on Section 302 IPC was
added.
It has been submitted that from the facts of the
case it appears that in right of private defence the
deceased was assaulted.
Considering the same, let the petitioners, above
named who have fair antecedents 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 Chief
Judicial Magistrate, Aurangabad in connection with
Dhibra P.S. Case No. 9 of 2011 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
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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 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/-