IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.8978 of 2011
Md. Habib son of Late Ilyas, resident of village- Kala Balua, Police Station-
Raniganj, District- Araria ...Petitioner
Versus
The State Of Bihar ...OP
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4/ 29.06.2011 Heard learned counsel for the petitioner, informant and
the State.
By order dated 08.09.2010 passed in Cr. Misc.
No.30520 of 2010, the petitioner was refused bail since he had been
named by the deceased as one of the person, who was seen fleeing
away after the occurrence.
The prayer for bail has been renewed on the ground that
the case has not been committed to the Court of Sessions. On this, a
report was called for from the Trial Court which supported the fact
that the case could not be committed to the Court of Sessions in
absence of appearance of the co-accused.
It has been submitted that the only allegation against the
petitioner is that at best he was one of the six persons, who had fled
away after firing at the deceased, which is also a doubtful
circumstance in view of the statement of the daughter-in-law of the
deceased that no name had been disclosed by him after the
occurrence.
In view of such, 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
2
Judicial Magistrate, Araria, in connection with Raniganj P.S. Case
No.139 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 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 initiate the proceeding for cancellation of bail on the
ground of misuse, (iv) 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.)