High Court Patna High Court - Orders

Chando Rajwanshi &Amp; Anr vs State Of Bihar on 15 November, 2010

Patna High Court – Orders
Chando Rajwanshi &Amp; Anr vs State Of Bihar on 15 November, 2010
            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
                                 -----------

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/-