High Court Patna High Court - Orders

Kishore Ram vs The State Of Bihar on 11 August, 2011

Patna High Court – Orders
Kishore Ram vs The State Of Bihar on 11 August, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr. Misc. No.24410 of 2011
                       Kishore Ram son of Late Ram Prasad Ram
                                        Versus
                                  The State Of Bihar
                                       -----------

2/ 11.08.2011 Supplementary affidavit on behalf of the petitioner is

being filed. Let it be kept with the record.

Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 302/211 of the Indian Penal Code.

Considering that there is no eye witness to the actual

murder and there is only vague motive attributed to the petitioner

that the occurrence had been committed by him on account of the

fact that he refused to refund the money to the deceased and there is

no further material against him, let the petitioner, above named, who

has fair antecedents, 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 below to the satisfaction

of the Chief Judicial Magistrate, Lakhisarai, in connection with

Lakhisarai P.S. Case No.611 of 2010, 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 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 bailors shall also state on affidavit that they will inform the
2

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, and (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.

JA/-                                           (Anjana Prakash,J.)