IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.22528 of 2010
CHHOTAK CHOUDHARY
S/O LATE MAHANGU CHAUDHARY
Versus
THE STATE OF BIHAR
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3. 15.09.2010 Heard learned Counsel for the petitioner,
Counsel for the informant and the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 341, 323, 324, 308,
504/34 of the Indian Penal Code and later on Section
302 added.
Considering that there is a counter version
of the occurrence and from the perusal of both the
First Information Reports it appears to be a case of
land disputes between the parties, 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
A.C.J.M., Bagaha, Distt-West Champaran in
connection with Bagaha P.S. Case No. 10/2010,
subject to the conditions, (i) That one of the bailor
will be a close relative of the petitioner who will give
an affidavit giving genealogy as to how he is related
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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. )