IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1586 of 2011
ASHOK RAI S/O LATE WAKIL RAI
Versus
THE STATE OF BIHAR
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2. 30.03.2011 Heard learned counsel for the petitioner and the
state.
The petitioner seeks bail in a case instituted for
the offence under Sections 395, 397 of the Indian Penal
Code and Section 412 I.P.C. and 27 of the Arms Act.
The petitioner was refused bail earlier by an order
dated 6.9.2010 vide Cr. Misc. No. 24319/2010 by giving
him liberty to renew his prayer for bail after framing of
charge if same is done conjointly.
It has been submitted that now charges have
been framed and, therefore, he is entitled for bail.
Considering the same, 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 learned Additional Sessions
Judge, F.T.C.-V, West Champaran, Bettiah in connection
with Sessions Trial NO. 405 of 2010 arising out of
Chanpatia P.S. Case No. 61/2010, subject to the
conditions, (i) That one of the bailor will be a close relative
of the petitioner who will give an affidavit giving genealogy
as to how he is related with the petitioner and the other
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bailors shall be the mother of the petitioner. The bailors
will undertake to furnish information to the Court about
any change in 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 liberty to initiate the
proceeding for cancellation of bail on 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, (iv) That the
petitioner will be well represented on each date if he fails to
do so on two consecutive dates, his bail will be liable to be
cancelled.
The court concerned will verify the fact that the
petitioner is accused only 3 other cases before releasing
him on bail.
Fahad. ( Anjana Prakash, J.)