IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.43138 of 2010
1. ARBIND ARGARIA s/o Late Baccha Argaria, &
2. Rupesh Khamran @ Bhanu Khamran S/o Bishundeo @ Bishuni Khamran
Versus
THE STATE OF BIHAR
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3/ 14.03.2011 Heard learned counsel for the petitioners and the State.
The petitioners seek bail in a case instituted for the
offence under section 302/34 of the Indian Penal Code and 24 of the
Cattle Trespass Act.
Considering that the occurrence took place in the
midst of an altercation on a minor issue, let the petitioners, above
named, who have no criminal antecedents, be released on bail on
furnishing bail bond of Rs.5,000/- (five thousand) each with two
sureties of the like amount each or any other surety to be fixed by
the court below to the satisfaction of the Additional Sessions Judge
II, Supaul, in connection with Sessions Trial No. 214 of 2010,
subject to the conditions (i) that one of the bailors will be a close
relative of the petitioners, who will give an affidavit giving
genealogy as to how he is related with the petitioners and another
bailor shall be the brother/father of the petitioners. The bailors will
undertake to furnish information to the court about any change in
the address of the petitioners, (ii) that the affidavit shall clearly state
that the petitioners are not accused in any other case and, if they
are, they shall not be released on bail, (iii) that the bailor shall also
state on affidavit that he will inform the court concerned if the
petitioners are implicated in any other case of similar nature after
their release in the present case and thereafter the court below will
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be at liberty to initiate the proceeding for cancellation of bail on the
ground of misuse,(iv) that the petitioners will give an undertaking
that they will receive the police papers on the given date and be
present on date fixed for charge and if they fail to do so on two
given dates and delay the trial in any manner, their bail will be
liable to be cancelled for reasons of misuse, and (v) that the
petitioners will be well represented on each date and if they fail to
do so on two consecutive dates, their bail will be liable to be
cancelled.
JA/- (Anjana Prakash,J.)