High Court Patna High Court - Orders

Jagarnath Sah vs State Of Bihar on 23 June, 2010

Patna High Court – Orders
Jagarnath Sah vs State Of Bihar on 23 June, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Cr.Misc. No.19165 of 2010
                 JAGARNATH SAH, S/o Bangali Sah.
                              Versus
                       THE STATE OF BIHAR
                             -----------

02. 23.06.2010 Heard learned counsel for the petitioner and

the State.

The petitioner seeks bail in a case instituted

for the offences under Sections 328, 307, 379 and

411/34 of the Indian Penal Code.

The petitioner was refused bail by order

dated 18.01.2010 vide Cr. Misc. No. 585 of 2010

stating therein that it was being rejected at this stage.

The petitioner has renewed his prayer for bail after

having remained in custody since 20.08.2009 and

other co-accused similarly placed has been released

on bail by this Court.

In view of such, 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 to the satisfaction of District &

Sessions Judge, West Champaran, Bettiah in

connection with Narkatiya Ganj Rail P.S. Case No. 20

of 2009 subject to the following conditions:- (i) That

one of the bailors will be a close relative of the
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petitioner who will give an affidavit giving genealogy as

to how he is related with the petitioner and the other

bailor shall be the wife/father of the petitioner. The

bailor will also undertake to inform the Court if there

is any change in the address of the petitioner. (ii) That

the affidavit shall clearly state that the petitioner is

not 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.

(Anjana Prakash, J.)
Vikash/-