IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.44803 of 2010
MD. ABUL, S/o Late Kalam Mian.
Versus
THE STATE OF BIHAR
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02. 09.03.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Section 324 and 307/34 IPC and
Section 27 of the Arms Act.
The petitioner was refused bail by order dated
29.06.2010 vide Cr.Misc. No. 19077 of 2010 but stating
therein that it was being rejected at that stage.
Considering that the petitioner is in custody
since 03.04.2010 and the case is of Section 307 IPC as
also that he has no criminal antecedent, 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 as fixed by the Court
to the satisfaction of Additional Chief Judicial Magistrate,
Naugachia, Bhagalpur in connection with Gopalpur P.S.
Case No. 79 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 and the other bailor
shall be the wife of the petitioner. The bailor will also
undertake to inform the Court if there is any change in
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the address of the petitioner. (ii) That the affidavit shall
clearly 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 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.
The fact that the petitioner has no criminal
antecedent shall be verified by the Magistrate concerned
before releasing the petitioner on bail.
(Anjana Prakash, J.)
Vikash/-