IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.29617 of 2011
Kishori Chaudhary son of Chhotan Chaudhary
Versus
The State Of Bihar
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2/ 12.09.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 302/34 of the Indian Penal Code.
In the First Information Report, the only allegation
against the petitioner is that he had taken part in the meeting but
there is no allegation that he had assaulted the deceased.
Considering the same as also he has 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 below to
the satisfaction of the Chief Judicial Magistrate, Jehanabad, in
connection with Ghoshi P.S. Case No.117 of 2011, 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 petitioner. The bailors 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 bailors shall also state on affidavit
that they 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
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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, and (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.
JA/- (Anjana Prakash,J.)