IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.13436 of 2010
KHAJANCHI PRASAD SINGH @ KHAJANCHI SINGH SON OF
LATE BENI PRASAD SINGH
Versus
STATE OF BIHAR
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4. 23.6.2010 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 and 27 of
the Arms Act.
It has been submitted that the allegation against the
petitioner is that he fired at the informant, which accidentally hit his
niece, due to which she died. It has further been submitted that in
fact prior to the present occurrence the petitioner’s brother had
been murdered by the informant and others, for which a case was
going on and in fact the informant had few days before this
occurrence threatened the petitioner against deposing in the said
case or to face dire consequences. It has further been submitted
that the petitioner is a Railway employee and is not likely to
abscond.
In view of such, let the petitioner above named, who is
in custody since 9.11.2009 and has fair 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, Munger in Dharhara P.S.case No.26 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
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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 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/