IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34952 of 2010
AJAY SHARMA, SON OF RAMESH SHARMA
Versus
STATE OF BIHAR
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2. 28.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Section 394 of the Indian Penal Code.
Considering that the petitioner is not named in the
First Information Report nor has he been put on Test
Identification Parade and is in custody since 26.6.2010 and has
fair antecedents, 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, Gopalganj, in Kuchakote P.S. Case No. 184 of 2008
(G.R. No. 2664 of 2008) 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 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
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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