IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.31074 of 2011
Gurudeo Rai, son of Gaya Prasad Rai
Versus
The State Of Bihar
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2. 21.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Section 47(a) of the Excise Act.
Considering that the petitioner is in custody since
19.7.2011 and he is first offender, 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 Chief Judicial Magistrate, Samastipur, in
connection with Excise Case No. 41 of 2011 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 shall be the father of the 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
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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. (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 and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
( Anjana Prakash, J.)
S.Ali