IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.44843 of 2010
MOHD. MUSTKIM son of Mohd. Moin
Versus
THE STATE OF BIHAR
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2/ 16.03.2011 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the
offence under sections 302, 201, 120-B/34 of the Indian Penal Code.
It has been submitted that there is no eye witness to the
occurrence and the petitioner has been implicated on the basis of the
confessional statement of the co-accused without any corroboration.
Considering the same, let the petitioner, above named,
who is in custody since 17.09.2010 and has fair antecedents 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, Bhagalpur, in connection with Goradih (Sabour)
P.S. Case No.112 of 2010, 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
and another bailor shall be the father of 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
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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, 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.)