IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.43651 of 2010
NIRAJ SINGH S/O RAM NIWAS SINGH
Versus
THE STATE OF BIHAR
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2. 14.03.2011 Heard learned counsel for the petitioner
and the state.
The petitioner seeks bail in a case instituted
for the offence under Sections 307/ 324/ 323/ 504/
302/34 of the Indian Penal Code.
Considering that the occurrence took place
in the midst of an altercation on minor matter and a
submission that in the facts of the case no offence
under Section 302 I.P.C. would be made out, 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 concerned to the
satisfaction of learned Chief Judicial Magistrate,
Begusarai in connection with Shamho P.S. Case No.
18/2009, subject to the conditions, (i) That one of the
bailor 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 undertake
to furnish information to the Court about any change
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in 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 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 if he fails to do
so on two consecutive dates, his bail will be liable to
be cancelled.
Fahad. ( Anjana Prakash, J.)