Manoj Kunwar vs The State Of Bihar on 14 March, 2011

              IN THE HIGH COURT OF JUDICATURE AT PATNA
                         Cr. Misc. No.42794 of 2010
                  MANOJ KUNWAR son of Late Umdi Kunwar
                                   Versus
                          THE STATE OF BIHAR
                                  -----------

3/ 14.03.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 302, 201/34 Indian Penal Code and 27 of the

Arms Act.

It has been submitted that at best it would be a case of

having been last seen with the deceased against the petitioner and

apart from one other case pending again him the petitioner has no

criminal antecedents.

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 or any other

surety to be fixed by the court below to the satisfaction of the 3rd

Additional Sessions Judge, Naugachia at Bhagalpur, in connection

with Sessions Trial No.1101 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 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
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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.

The fact that there is only one other case pending against

the petitioner shall be verified by the Magistrate before releasing the

petitioner on bail.

JA/-                                           (Anjana Prakash,J.)