IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21914 of 2010
GOPAL RAI SON OF RAM BAHADURE RAI
Versus
STATE OF BIHAR
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2. 6.7.2010 Heard learned Counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under Sections 147, 148, 149, 342, 323, 325, 307, 379 of
the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that the accused persons
altercated with one Ramjee Singh on a petty matter and thereafter
co-accused Indrajeet Rai is said to have assaulted him on the head
and when they were going for treatment, they were once again
waylaid by a mob. However, subsequently it was stated that it was
the petitioner, who had fired which hit Ghanshyam Singh.
The submission is that in the first information report
there is no mention of any specific overt-act against the petitioner
and from the facts of the case it does not appear to be a case
u/s.307 I.P.C.
In view of such, let the petitioner above named, who is
in custody since 13.4.2010 and has no criminal antecedents, be
released on bail on furnishing bail bond of Rs.5,000/- (Five
thousand) with two sureties of the like amount each to the
satisfaction of Chief Judicial Magistrate, Chapra in Chapra Town
P.S.case No.182 of 2009, subject to the 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
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petitioner. The bailor will undertake to furnish information to the
court about any change in the 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 the ground of misuse and (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.
( Anjana Prakash, J. )
Narendra/