High Court Patna High Court - Orders

Gurudeo Rai vs The State Of Bihar on 21 September, 2011

Patna High Court – Orders
Gurudeo Rai vs The State Of Bihar on 21 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.31074 of 2011
                             Gurudeo Rai, son of Gaya Prasad Rai
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 21.09.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence under Section 47(a) of the Excise Act.

Considering that the petitioner is in custody since

19.7.2011 and he is first offender, 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 Chief Judicial Magistrate, Samastipur, in

connection with Excise Case No. 41 of 2011 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 the petitioner and the

other shall be the father of 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
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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. (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.

( Anjana Prakash, J.)
S.Ali