IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 30299 of 2011 Rabindra Sharma @ Rabindra Mistry, S/o Late Sukan Sharma @ Sukan Mistry. Versus The State Of Bihar -----------------
02. 15.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 147, 148, 149, 341, 323,
324, 325, 307 and 504 of the Indian Penal Code and
Section 3(i) S.C./S.T. Act and Section 302 IPC was added.
The petitioner was refused bail by order dated
10.08.2010 but liberty was given to renew his prayer for
bail after framing of charge.
It has been submitted that the charges have
been framed on 31.05.2011.
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 12th Additional Sessions Judge, Patna
in connection with Special Case No. 75 of 2010 arising out
of Bakhtiyarpur P.S. Case No. 43 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
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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 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/-