High Court Patna High Court - Orders

Mukut Kumar vs The State Of Bihar on 18 March, 2011

Patna High Court – Orders
Mukut Kumar vs The State Of Bihar on 18 March, 2011
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.6412 of 2011
                   MUKUT KUMAR, S/o Umesh Yadav.
                               Versus
                        THE STATE OF BIHAR
                              -----------

02. 18.03.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Sections 302 and 201/34 of the Indian

Penal Code.

It has been submitted on behalf of the petitioner

that apart from suspicion there is no cogent material

against the petitioner and there is only one other case

pending against the petitioner instituted by the same

party which shall be verified by the Magistrate concerned

before releasing the petitioner on bail.

Considering the same, 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 as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Khagaria in

connection with Alauli P.S. Case No. 31 of 2010 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
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Court if there is any change in the address of the

petitioner. (ii) 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. (iii) 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. (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.

(Anjana Prakash, J.)
Vikash/-