IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11237 of 2011
Bhola Mahto, Son of Late Bansi Mahto
Versus
The State Of Bihar
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4. 26.7.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks anticipatory bail in a case
instituted for the offence under Sections 302 and 201/34 of the
Indian Penal Code.
It has been submitted that apart from suspicion
that the petitioner was involved in kidnapping of the son of the
Informant, there is no cogent material against the petitioner nor
does he have any criminal antecedents
Considering the same, let the petitioner in the
event of surrender, named above, within four weeks from the
date of receipt of this order, in connection with Pakaridayal P.S.
Case No. 94 of 2010, shall be released on anticipatory bail on
furnishing bail bond of Rs. 5,000/- (Five thousand) with two
sureties of the like amount each to the satisfaction of Sub
Divisional Judicial Magistrate, Sikrahana at Motihar, subject to
conditions as laid down under Section 438(2) Cr. P.C., and (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 the address of the
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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
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.
( Anjana Prakash, J.)
S.Ali