IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.38335 of 2010
1. CHANDO RAJWANSHI, S/o Sri Shyam Rajwanshi.
2. Khalil Rajwanshi, S/o Sri Rambriksh Rajwanshi.
Versus
THE STATE OF BIHAR
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02. 15.11.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Sections 302 and 201 of the Indian
Penal Code.
Considering that for misuse of privilege of bail for
a period of about ten years the petitioners have remained
in custody since 25.03.2010 and now they undertake to
be more careful in future, let the petitioners, above named
be released on bail on furnishing bail bonds of Rs. 5,000/-
(Five Thousand) each with two sureties of the like amount
each or any other surety as fixed by the Court to the
satisfaction of Additional Sessions Judge-cum-F.T.C.-IV,
Nawada in connection with S.Tr. No. 145/97/136/07
arising out of Rajauli P.S. Case No. 25 of 1992 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 and the other bailor shall be the son of the
petitioners. The bailor will also undertake to inform the
Court if there is any change in the address of the
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petitioners. (ii) 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. (iii) 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.
The court below is directed to conclude the trial
positively within a period of one year in view of the fact
that the matter is of the year 1992.
(Anjana Prakash, J.)
Vikash/-