IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27962 of 2011
Sailesh Rao, son of Bishnu Rao
Versus
The State Of Bihar
with
Cr.Misc. No.28059 of 2011
Brijesh Rao, son of Late Paras Rao
Versus
The State Of Bihar
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2. 25.08.2011 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offence under Sections 302 and 201/34 of the Indian Penal
Code.
It has been submitted that the case is based on
the theory of last seen and apart from a vague motive and
suspicion having been expressed against the petitioners, there
is no direct evidence against them.
Considering the aforesaid as also that they have
fair antecedents, let the petitioners above named, be released
on bail on furnishing bail bond of Rs. 5,000/- (Five thousand)
each 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, Bagaha (West Champaran)
in connection with Semera (Chiutaha) P.S. Case No. 16 of 2011
subject to the following conditions: (i) That one of the bailors will
be a close relative of the petitioners, who will give an affidavit
giving genealogy as to how he is related with the petitioners.
2
The bailor will undertake to furnish information to the court
about any change in the address of the petitioners. (ii) That the
affidavit shall clearly state that the petitioners are not accused in
any other case and, if they are, they shall not be released on
bail. (iii) That the bailor shall also state on affidavit that he will
inform the court concerned if the petitioners are implicated in
any other case of similar nature after their 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 petitioners will give an undertaking that they will
receive the police papers on the given date and be present on
date fixed for charge and if they fail to do so on two given dates
and delay the trial in any manner, their bail will be liable to be
cancelled for reasons of misuse. (v)That the petitioners will be
well represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali