IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34165 of 2010
1. MAQUBOOL HUSSAIN, S/o Late Israil.
2. Salahuddin @ Saleh, S/o Maqubool Hussain.
Versus
THE STATE OF BIHAR
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02. 08.10.2010 Heard learned counsel for the petitioners and the
State.
The petitioners seek bail in a case instituted for
the offences under Section 302/34 of the Indian Penal
Code and the charge-sheet has been submitted under
Section 304/34 IPC.
Considering that the charge-sheet has been
submitted under Section 304/34 IPC, let the petitioners,
above named be released on bail on furnishing bail bonds
of Rs. 5,000/- (Five Thousand) each with two sureties of
the like amount each or any other surety as fixed by the
Court to the satisfaction of Chief Judicial Magistrate,
Kishanganj in connection with Kishanganj P.S. Case No.
154 of 2010 subject to the following conditions:- (i) That
one of the bailors will be a close relative of the petitioners
who will give an affidavit giving genealogy as to how he is
related with the petitioners. The bailor will also undertake
to inform the Court if there is any change in the address
of the petitioners. (ii) That the affidavit shall clearly state
that the petitioners are not an accused in any other case
and if they are they shall not be released on bail. (iii) That
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the bailor shall also state on affidavit that he will inform
the court concerned if the petitioners are implicated in
any other case of similar nature after their 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 petitioners will give an
undertaking that they will receive the police papers on the
given date and be present on date fixed for charge and if
they fail to do so on two given dates and delays the trial in
any manner, their bail will be liable to be cancelled for
reasons of misuse. (v) That the petitioners will be well
represented on each date and if they fail to do so on two
consecutive dates, their bail will be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-