High Court Patna High Court - Orders

Kameshwar Bhagat vs The State Of Bihar on 6 September, 2011

Patna High Court – Orders
Kameshwar Bhagat vs The State Of Bihar on 6 September, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.28783 of 2011
                        Kameshwar Bhagat, son of late Mahaveer Bhagat
                                             Versus
                                     The State Of Bihar
                                           -----------

2. 06.09.2011 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

21.7.2011 having fair antecedents, 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, Madhubani, in

connection with G.O. Case (Excise Case) No. 169 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. 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
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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