IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.27002 of 2011
Bindeshwar Singh @ Bishundeo Singh son of late Kishundeo Singh
Versus
The State Of Bihar & Anr.
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2/ 18.08.2011 Heard learned counsel for the petitioner, informant and
the State.
The petitioner seeks bail in a case instituted for the
offence under sections 120-B, 302, 307/34 of the Indian Penal Code
and section 27 of the Arms Act.
Considering that there is no specific overt act alleged
against the petitioner, who is in custody since 21.06.2011 and has
fair antecedents, 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 below to the satisfaction of the Chief Judicial Magistrate,
Vaishali at Hajipur, in connection with Mahnar P.S. Case No.78 of
2011, subject to the 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 bailors
will undertake to furnish information to the court about any change
in the 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 bailors shall also
state on affidavit that they 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
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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, and (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.
JA/- (Anjana Prakash,J.)