IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12976 of 2010
KRISHNA RAI, S/o Late Keval Rai.
Versus
THE STATE OF BIHAR
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05. 01.12.2010 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 447, 341, 342, 323, 324,
307, 379 and 504/34 of the Indian Penal Code.
By order dated 20.08.2010 this petition was
permitted to be listed on 01.11.2010 with the obvious
intent of granting bail to the petitioner on the said date
who had been refused bail on 24.12.2009 vide Cr. Misc.
No. 44999 of 2009.
In view of such this application is allowed and
the petitioner, above named is directed to 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 as fixed by the Court to the satisfaction
of Chief Judicial Magistrate, Saran at Chhapra in
connection with Chhapra Muffasil P.S. Case No. 128 of
2009 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 also undertake to
inform the Court if there is any change in the address of
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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. (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.)
Vikash/-