IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36527 of 2010
CHHOTAN RAI, son of Lakhi Rai
Versus
STATE OF BIHAR
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2/- 28.10.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under section 302/34 of the Indian Penal
Code.
Considering that there is no direct material
against the petitioner and the entire case is based on
suspicion, let the petitioner above named, who is in
custody since 15.05.2010, 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
Sub-Divisional Judicial Magistrate, Sheohar, in Tariyani
P.S. Case No. 62 of 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 with the petitioner. The bailor will
undertake to furnish information to the Court about any
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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, and (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.
( Anjana Prakash, J. )
Ashwini/-