IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.33570 of 2010
GHUTAR JHA @ PAWAN MISHRA @ GHUTAR MISHRA, S/o Gholti Mishra.
Versus
THE STATE OF BIHAR
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02. 07.10.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 147, 148, 149, 302 and 307
of the Indian Penal Code and Section 27 of the Arms Act.
It has been submitted that even though the
petitioner is named in the First Information Report no
specific overt act has been alleged against him.
Considering the same, 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 as fixed by the Court to
the satisfaction of Additional Sessions Judge-I, Naugachia
in connection with S.Tr. No. 785 of 2010 arising out of
Bihpur P.S. Case No. 302 of 2009 subject to the following
conditions:- (i) That one of the bailors will be a close
relative of the petitioner who will give an affidavit giving
genealogy as to how he is related with the petitioner and
the other bailor shall be the father/brother of the
petitioner. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) That the bailor shall also state on affidavit
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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 the ground of misuse. (iii) 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. (iv) That the petitioner
will be well represented on each date and if he fails to do
so on two consecutive dates, his bail will be liable to be
cancelled.
(Anjana Prakash, J.)
Vikash/-