IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.6495 of 2011
BITTU KUMAR son of Hemraj Prasad
Versus
THE STATE OF BIHAR
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2/ 23.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 307 and other allied sections of the Indian
Penal Code.
It has been submitted that the petitioner is not named in
the First Information Report and subsequently during investigation
his complicity arose on account of the mobile phone which had been
used for calling the injured.
Considering the same, let the petitioner, above named,
who is in custody since 28.10.2010 and has no criminal antecedents,
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, Jamui, in connection with Jhajha P.S. Case
No.241 of 2010, 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 and
another bailor shall be the father of 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
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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 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.)
