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Patna High Court – Orders
Bittu Kumar vs The State Of Bihar on 23 March, 2011
                             Cr. Misc. No.6495 of 2011
                         BITTU KUMAR son of Hemraj Prasad
                              THE STATE OF BIHAR

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

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.)

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