IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35752 of 2010
BULETAN SADA S/O BANARSI SADA
Versus
STATE OF BIHAR
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2. 11.10.2010 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case
instituted for the offence under Sections 147, 148,
149, 307 and 302 of the Indian Penal Code.
It has been submitted that it is apparent
from the First Information Report itself that specific
overt act has been alleged against the co-accused
Basuki Mandal and Bijay Mandal, whereas there is
general allegation against the petitioner.
Considering the same, let the petitioner who
is in custody since 24.2.2010, 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 learned Chief
Judicial Magistrate, Khagaria in connection with
Beldaur P.S. Case No. 68/05, subject to the
conditions, (i) That one of the bailor will be a close
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relative of the petitioner who will give an affidavit
giving genealogy as to how he is related with the
petitioner. The bailor will undertake to furnish
information to the Court about any change in
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 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
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 if
he fails to do so on two consecutive dates, his bail
will be liable to be cancelled.
Fahad. ( Anjana Prakash, J. )