IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21742 of 2010
BAISHAKHI SADA S/O LATE MAHAVIR SADA
Versus
STATE OF BIHAR
-----------
2. 02.07.2010 Heard learned counsel for the petitioner and
the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 147, 148, 149, 341, 342,
324, 325, 307, 302, 379, 435, 448 of the Indian Penal
Code and 27 of the Arms Act and 17/18 of the C.L.
Act.
Considering that the petitioner is named in
the First Information Report but there is no specific
overt act alleged against him and the other co-accused
persons who were put on trial have been acquitted of
the charges, since none of the witnesses supported the
case of prosecution, 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 to the satisfaction of the learned Chief Judicial
Magistrate, Khagaria, in connection with Khagaria
2
P.S. case no. 65/2006, G. R. No. 189/2006, 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 and the other bailor shall be the wife of
the petitioner. The bailors will undertake to furnish
information to the court about any change in the
address of the petitioner, (ii) 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 misuses, (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
and 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 and if
3
he fails to do so on two consecutive dates, his bail will
be liable to be cancelled.
The fact that the petitioner has only two
other cases pending before the court besides the
present one, will be verified by the Magistrate before
releasing the petitioner on bail.
Fahad. ( Anjana Prakash, J. )