IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29310 of 2011
Budhan Mistry son of Nathuni Mistry
Versus
The State Of Bihar
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For the petitioner : Mr. Umesh Prasad, Advocate.
For the State : Dr. Indiwar Kumari, A.P.P.
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3. 25.10.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 302/34 of the Indian Penal Code.
Considering that during investigation there was
material to suggest that the case was one under Section 304 of
the Indian Penal Code, 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 Chief Judicial Magistrate, Jamui, in connection
with Laxmipur P.S. Case No. 72 of 2010, subject to the
following 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
bailor will also undertake to inform the Court if there is 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 bailor shall also state on affidavit that he will inform
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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. (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.
( Anjana Prakash, J.)
S.Ali