IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.40917 of 2010
KISHORI MANDAL SON OF LATE SHIBAL MANDAL, RESIDENT OF
VILLAGE BALU TOLA, MAUZA GOBRAHI, 85 DIYARA, P.S. KURSELA,
DISTRICT- KATIHAR
Versus
STATE OF BIHAR
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2 21.12.2010 Heard learned counsel for the petitioner, the
State and the informant.
The offence alleged is under Sections 447, 341,
323, 307, 302, 504/34 of the Indian Penal Code.
It is submitted that the co-accused Bishandeo
Mandal having virtually similar allegations has been
allowed bail by this Court as per order dated 28.10.2010
passed in Cr. Misc. No. 36524 of 2010. It is submitted that
petitioner’s case stand on similar footing and the petitioner
has no criminal antecedent.
Considering the facts and circumstances of the
case, it is directed that let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) each with two sureties of the like amount
each to the satisfaction of the Chief Judicial Magistrate,
Katihar, in connection with Kursela P.S. Case No. 28 of
2010 subject to the conditions (i) That one of the bailor 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 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 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 delay 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 if he fails
to do so on two consecutive dates, his bail will be liable to
be cancelled.
Manish/- ( Shailesh Kumar Sinha,J.)