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)