IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24878 of 2011
Lalit Kumar, S/o Late Ranvir Prasad Singh.
Versus
The State of Bihar
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02. 16.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner is apprehending his arrest in a
case registered under Section 304/34 of the Indian Penal
Code.
In the First Information Report it is being alleged
that a team of excise officials took away the brother of the
informant and whereafter he was thrown in an injured
condition who died during treatment. The petitioner
happens to be one of the members of the raiding team
which had arrested the brother of the informant who was
subsequently released when he confessed his guilt and
deposited a fine of Rs. 1,000/- which are matters of
record.
The submission is that even accepting the
prosecution case true there is no specific overt act alleged
against the petitioner and the entire case is based on
suspicion since the petitioner was one of the members of
the raiding party.
Considering the same, let the petitioner, above
named be released on anticipatory bail in the event of
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arrest or surrender before the learned Court below within
a period of four weeks from the date of receipt of the order
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 Chief
Judicial Magistrate, Aurangabad in connection with
Madanpur P.S. Case No. 210 of 2009 subject to the
conditions as laid down under Section 438(2) of the Code
of Criminal Procedure as also 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 also undertake to inform the Court if there is
any change in the address of the petitioner. (ii) 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. (iii) 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.)
Vikash/-