Subha Mandal @ Subha @ Subhash … vs State Of Bihar on 24 June, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr. Misc. No.14430 of 2010
SUBHA MANDAL @ SUBBA @ SUBHASH MANDAL @ SUBODH MANDAL son of Sri
Ganauri Man                                                                  ...Petitioner
                                        Versus
        STATE OF BIHAR                                                          ...OP
                                       -----------

3/ 24.06.2010 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 302, 120-B/34 of the Indian Penal Code.

It has been submitted that the prosecution case is that the

informant suspected four accused persons of having committed the

murder of his brother. However, the petitioner is not named in the First

Information Report nor is there any eye witness to the occurrence. 2 ½

years later the petitioner was also suspected to have committed this

occurrence.

In view of such, 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 to the satisfaction of the

Additional Sessions Judge, 4th, Bhagalpur, in connection with S. T.

No.1053 of 2009 / T.R. No.330 of 2009, arising out of Kahalgaon P.S.

Case No. 95 of 2007, subject to the 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 bailors will undertake to furnish information to the court about

any change in the address of the petitioner, (ii)That the bailors shall

also state on affidavit that they will inform the court concerned if the

petitioner is implicated in any other case of similar nature after his

release in the present case and thereafter the court below will be at
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liberty to initiate the proceeding for cancellation of bail on the ground

of misuse, (iii)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, and (iv)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.

JA/-                                     (Anjana Prakash, J.)