IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.36533 of 2010
1. ARJUN MANDAL, son of Late Atwari Mandal &
2. Raj Kishore Mandal, son of Arjun Mandal
Petitioners
Versus
THE STATE OF BIHAR OP
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2/- 28.10.2010 Heard learned Counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offence under sections 302 and 201/34 of the Indian
Penal Code.
Considering that the entire case is based on
suspicion, let the petitioners above named, who are in
custody since 26.05.2010, 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 learned Chief
Judicial Magistrate, Purnea in Barhara P.S. Case No. 59 of
2010, subject to the conditions, (i) That one of the bailor
will be a close relative of the petitioners who will give an
affidavit giving genealogy as to how he is related with the
petitioners. The bailor will undertake to furnish
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information to the Court about any change in address of
the petitioners. (ii) That the affidavit shall clearly state that
the petitioners are not an 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 be at liberty to
initiate the proceeding for cancellation of bail on 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 if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
( Anjana Prakash, J. )
Ashwini/-