IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38517 of 2010
1. BABUDHAN BIND, S/o Banwari Bind.
2. Ayodhya Bind, S/o Bhikhari Bind.
3. Ramesh Bind, S/o Bhikhari Bind.
4. Sudarshan Bind @ Darshan Bind, S/o Sukalu Bind @ Akalu Bind.
Versus
THE STATE OF BIHAR
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02. 10.11.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 147, 148, 149, 323, 307,
504, 506 and 379 of the Indian Penal Code and Section
27 of the Arms Act.
Considering that the occurrence took place in
the background of land dispute as also the submission
that in the facts of the case no offence under Section 307
IPC would be made out, let the petitioners, above named
be released on bail on furnishing bail bonds of Rs. 5,000/-
(Five Thousand) each with two sureties of the like amount
each or any other surety as fixed by the Court to the
satisfaction of Chief Judicial Magistrate, Kaimur at
Bhabhua in connection with Bhabhua P.S. Case No. 65 of
2010 subject to the following 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. The bailor will also undertake
to inform the Court if there is any change in the address
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of the petitioners. (ii) 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 the ground of
misuse. (iii) 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 delays the trial in any
manner, their bail will be liable to be cancelled for reasons
of misuse. (iv) 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.
(Anjana Prakash, J.)
Vikash/-