IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23286 of 2010
AWADHESH RAI, SON OF LATE DEEPALAL RAI
Versus
STATE OF BIHAR
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3. 28.09.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 341, 323, 324, 307, 379
and 504 of the Indian Penal Code.
Considering that only simple injuries have been
sustained by the victim and the petitioner is in custody since
19.4.2010 and has no criminal antecedents, let the petitioner
above named be released on bail on furnishing bail bond of Rs.
5,000/- (Five thousand) with two sureties of the like amount
each or any other surety to be fixed by the court concerned to
the satisfaction of Chief Judicial Magistrate, Motihari, in Kotwa
P.S. Case No. 113 of 2009 subject to the following conditions:
(i)That one of the bailors will be a close relative of the petitioner
who will give an affidavit giving genealogy as to how he is
related with the petitioner. The bailor will undertake to furnish
information to the court about any change in address of the
petitioner. (ii)That the affidavit shall clearly state that the
petitioner is not an accused in any other case and if he is, he
shall not be released on bail. (iii)That the bailor shall also state
on affidavit that he will inform the court concerned if the
petitioner is implicated in any other case of similar nature after
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his 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 petitioner will give an
undertaking that he will receive the police papers on the given
date and be present on date fixed for charge and if he fails to
do so on two given dates and delays the trial in any manner, his
bail will be liable to be cancelled for reasons of misuse. (v) That
the petitioner will be well represented on each date and if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
The fact that the petitioner has no criminal
antecedents will be verified by the Magistrate before releasing
the petitioner on bail.
( Anjana Prakash, J.)
S.Ali