IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6229 of 2011 BHOLA MANJHI, SON OF SIDHESHWAR MANJHI Versus THE STATE OF BIHAR -----------
2. 17.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 302, 201 and 34 of the Indian Penal
Code.
It has been submitted that apart from strong suspicion
emerging against the petitioner on account of the alleged motive,
there is no cogent material against him.
Considering the same, 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
Additional Chief Judicial Magistrate, Mokama, in Mokama P.S.
Case No. 211 of 2010 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
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case of similar nature after 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