IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29664 of 2011
Mozamil Hussain @ Sheikh Mozamil son of Rasool Mian
Versus
The State Of Bihar
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2. 13.9.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 302/34 of the Indian Penal Code.
Considering that in the First Information Report the
only allegation against the petitioner is of having got the crime
committed but there is no cogent material in support of the
same, let the petitioner, above named, who 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 Additional District and
Sessions Judge, Siwan in connection with Barharia (G.B.
Near) P.S. Case No.205 of 2010, subject to the 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 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
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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.
Narendra/ ( Anjana Prakash, J. )