IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8713 of 2011
BUTAN SHARMA @ ANIL SHARMA S/O GANGA SHARMA
Versus
THE STATE OF BIHAR
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2. 25.03.2011 Heard learned counsel for the petitioner and
the state.
The petitioner seeks bail in a case instituted
for the offence under Sections 302, 120-B, 307/34 of
the Indian Penal Code and 27 of the Arms Act.
It has been submitted that from the facts of
the case it does not to be a case of 302 I.P.C.
Considering the same, let the petitioner who
is in custody since 18.12.2010 and has fair
antecedents, 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 learned Chief
Judicial Magistrate, Khagaria in connection with
Khagaria (Muffasil) P.S. Case No. 542/2010, 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 bailors shall be the uncle of the
petitioner namely Ramakant Sharma. The bailor will
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undertake to furnish information to the Court about
any change in 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 bailors shall also state on
affidavit that they 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 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 if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
Fahad. ( Anjana Prakash, J.)