IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32863 of 2011
Bhola Singh son of Ram Nagina Singh @ Lallu Singh
Versus
The State Of Bihar
-----------
2. 12.10.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 379, 436, 427 and 506
of the Indian Penal Code.
It has been submitted that the petitioner is in
custody since 24.8.2011 for being a member of an unlawful
assembly which committed theft and set fire to the shop of the
informant, but there is no specific overt act alleged against
him nor does he have any criminal antecedents.
In view of such, 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 learned C.J.M., Munger in connection with
Bariyarpur P.S. Case No.23 of 2011, subject to the conditions
(i) That one of the bailor shall be the father/brother of the
petitioner and the other bailor 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
-2-
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 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 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 if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
Narendra/ ( Anjana Prakash, J. )