High Court Patna High Court - Orders

Ajay Singh vs The State Of Bihar on 25 October, 2011

Patna High Court – Orders
Ajay Singh vs The State Of Bihar on 25 October, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr. Misc. No.34839 of 2011
                          Ajay Singh son of Yogendra Singh
                                       Versus
                                 The State Of Bihar
                                      -----------

2/ 25.10.2011 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under sections 302 and other allied sections of the Indian

Penal Code.

Considering that there is no specific overt act alleged

against the petitioner and even though there is allegation against all

the accused persons of variously assaulted, but only two injuries

were found on the person of the deceased, 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 below to the satisfaction of the

Chief Judicial Magistrate, Bhagalpur, in connection with Bath P.S.

Case No.22 of 2011, subject to the 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 bailors will undertake to furnish information to the court about

any change in 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

bailors shall also state on affidavit that they 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
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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, and (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.

JA/-                                           (Anjana Prakash,J.)