IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32436 of 2011
Mukesh Singh@ Mukesh Kumar, son of Shri Ram Charitra Singh
Versus
The State Of Bihar
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2. 29.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 302/34 of the Indian Penal Code,
Section 27 of the Arms Act and Sections 3(2)(V) of the SC/ST
Act.
The prosecution case is that dispute arose while a
dance programme was going on in course of which accused
Raj Kumar Singh fired at the son of the Informant which hit him
at his chest whereas accused Gauri Singh fired at Rudal
Manjhi. Three other accused persons including the petitioner
generally fired. Both the deceased sustained simple fire arms
injury which is attributable to the other accused persons.
In view of such, let the petitioner above named who
has fair antecedent, 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
concerned to the satisfaction of Chief Judicial Magistrate,
Nalanda at Bihar Sharif in connection with Giriak P.S. Case
No. 20 of 2011, 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
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the petitioner. The bailor will also undertake to inform the
Court if there is 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 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.)
S.Ali