IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27781 of 2011
Md. Shakil, son of Md. Esrail
Versus
The State Of Bihar
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2. 24.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 302, 376(2/34) of the Indian Penal
Code.
The petitioner was refused bail by an order dated
25.10.2010 passed in Cr. Misc. 23833 of 2010.
The petitioner has been renewed on the ground
that the charges have been framed and other co-accused
persons similarly placed has been released on bail and the
petitioner has fair antecedents.
Considering the same, let the petitioner above
named, who is in custody since 7.2.2010, 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 Additional
Sessions Judge II, Begusarai, in connection with Cheria
Bariarpur P.S. Case No. 7 of 2010 arising out of Sessions Trial
No. 965 of 2010 subject to the following 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
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the petitioner. The bailor 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 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 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.
If the Trial Court finds that any of the accused
persons are tampering with the prosecution evidence,
immediate step shall be taken for cancellation of their bail
( Anjana Prakash, J.)
S.Ali