High Court Patna High Court - Orders

Sudhir Kumar vs The State Of Bihar on 9 July, 2010

Patna High Court – Orders
Sudhir Kumar vs The State Of Bihar on 9 July, 2010
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                        Cr.Misc. No.23496 of 2010
                   SUDHIR KUMAR, Son of Late Ram Chandra Prasad, resident of Mohalla-
                   Bari Pahari, P.S. Laheri, District- Nalanda.................................Petitioner.
                                                        Versus
                   THE STATE OF BIHAR...................................................Opposite Party.


                                                       -----------

2. 09.07.2010. Heard learned counsel for the

petitioner and the State.

The petitioner is languishing in jail

since 02.05.2010 in a case registered under

Sections 161, 419,420, 467, 468,471, 472,224

and 120B of the Indian Penal Code.

It is alleged that the petitioner

alongwith other teaching staff facilitated

the use of unfair means during examination.

It is submitted by the learned counsel

for the petitioner that the petitioner has

recently joined in the School whereas

similarly situated accused persons have been

granted bail vide Cr. Misc. No. 21817 of 2010

and other analogous cases.

Considering the aforesaid facts, let

the petitioner, Sudhir Kumar, be released on

bail on furnishing bail bond of Rs. 10,000/-

(Ten Thousand) with two sureties of the like

amount each to the satisfaction of the

learned C.J.M., Nalanda at Bihar Sharif in
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connection with the Laheri P.S. Case No. 71

of 2010 on same terms and 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. 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 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 for misuse, (v) That
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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.

U.K.                              (Dinesh Kumar Singh,J)