IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44193 of 2010
ASHOK RAI, SON OF SRI BINDA RAI
Versus
THE STATE OF BIHAR
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2. 15.03.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 353, 307, 171(F) of the
Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that for misuse of privilege of
bail for a period of about eight years the petitioner has
remained in custody since 19.9.2010 and undertakes to be
more careful in future.
Considering the same, let the petitioner above
named, 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 Fast Track Court-IV, Saran at Chapra, in
Sessions Trial No. 485 of 2003 arising out of Parsa P.S. Case
No. 16 of 2000, G.R. No. 480 of 2000 subject to the following
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 shall be the
brother of the petitioner namely Ajay Rai. The bailor will
undertake to furnish information to the Court about any change
in address of the petitioner. (ii)That the affidavit shall clearly
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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 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.
The trial court is directed to expedite the trial and
conclude it positively within a period of nine months since the
occurrence is of the year 2007.
( Anjana Prakash, J.)
S.Ali