IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20747 of 2010
PARASH KUMAR SINGH @ Parash Singh, S/o Sikendra Singh.
Versus
THE STATE OF BIHAR
with
Cr.Misc. No.20771 of 2010
KUNDAN KUMAR SINGH, S/o Sudhir Singh.
Versus
THE STATE OF BIHAR
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03. 23.08.2010 Heard learned counsel for the petitioners and
the State.
The petitioners seek bail in a case instituted
for the offences under Sections 307, 324, 323, 379,
341, 147, 148 and 149 of the Indian Penal Code.
It has been submitted that even though in
the First Information Report it has been stated that
the informant was assaulted for ends of robbery but
during investigation it transpired that there had been
an altercation between the accused persons with the
informant and thereafter this occurrence took place
in which the informant had been caused simple
injuries. The further submission is that the
petitioners have no criminal antecedents which fact
will be verified by the Magistrate concerned before
releasing the petitioner on bail.
In view of such, let the petitioners, above
2
named be released on bail on furnishing bail bonds of
Rs. 5,000/- (Five Thousand) with two sureties of the
like amount each or any other surety as fixed by the
Court to the satisfaction of Chief Judicial Magistrate,
Saharsa in connection with Bihra P.S. Case No. 153
of 2009 subject to the following conditions:- (i) That
one of the bailors will be a close relative of the
petitioners who will give an affidavit giving genealogy
as to how he is related with the petitioners and the
other bailor shall be the mother/wife of the
petitioners. The bailor will also undertake to inform
the Court if there is any change in the address of the
petitioners. (ii) That the affidavit shall clearly state
that the petitioners are not an accused in any other
case and if they are they shall not be released on bail.
(iii) That the bailor shall also state on affidavit that he
will inform the court concerned if the petitioners are
implicated in any other case of similar nature after
their 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 petitioners will give an undertaking that they
will receive the police papers on the given date and be
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present on date fixed for charge and if they fail to do
so on two given dates and delays the trial in any
manner, their bail will be liable to be cancelled for
reasons of misuse. (v) That the petitioners will be well
represented on each date and if they fail to do so on
two consecutive dates, their bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-