High Court Patna High Court - Orders

Chunchun Thakur vs The State Of Bihar on 29 July, 2011

Patna High Court – Orders
Chunchun Thakur vs The State Of Bihar on 29 July, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Cr.Misc. No.23072 of 2011
                           Chunchun Thakur, son of Sri Sundeshwar Thakur
                                                 Versus
                                         The State Of Bihar
                                               -----------
                 For the petitioner        :       Mr. Ajay Thakur, Adv.
                 For the State             :       Mr. R.B. Roy 'Raman' A.P.P.
                 For the Informant         :       Mr. Sujit Kumar Singh, Adv.
                                              ------------

2.   29.7.2011                   Heard learned counsel for the petitioner and the

                    State.

The petitioner seeks bail in a case instituted for

the offence under Sections 341, 323, 302 and 504/34 of the

Indian Penal Code.

Considering that there is no direct material against

the petitioner of having killed the deceased as also only one

injury was found on the neck of the deceased in the post

mortem examined report, 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

Chief Judicial Magistrate, Samastipur, in connection with Mehsi

P.S. Case No. 40 of 2010 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. 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
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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 of misuse. (v)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.

( Anjana Prakash, J.)
S.Ali