IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38320 of 2010
NIRAJ KUMAR SON OF LATE DEEP NARAYAN SINGH
Versus
THE STATE OF BIHAR
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2. 10.11.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.386, 307/34 of the Indian Penal Code and 27 of
the Arms Act as well as ¾ of the Explosive Substance Act.
Considering that the occurrence took place in the
background of land dispute between the parties, who are
agnates as also that no one was hurt in the transaction, let
the petitioner above named, who is in custody since
16.9.2010, 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,
Patna in Patliputra P.S. case No.126 of 2010, subject to the
conditions (i) That one of the bailors shall be the
mother/sister of the petitioner and the other 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
bailor shall also state on affidavit that he will inform the court
concerned if the petitioner is implicated in any other case of
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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, (iii)
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, (iv) 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. )