IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8449 of 2011 RADHE SHYAM SINGH @ SUBHAM SINGH, Son of Sri Ajay Kumar Singh, Resident of Village-Kerma, P.S. Ishwarpur, District-Chhapra, at present resident of Mohalla-Sahganj Benta, P.S.-Laheriasarai, District- Darbhanga. ........Petitioner Versus THE STATE OF BIHAR ...............Opp. Party. -----------
2/ 23.03.2011 Heard the parties.
The prayer for bail made on behalf of the
petitioner was earlier rejected by order dated
16.06.2010, passed in Cr. Misc. No. 20324 of
2010 vide Annexure 1 with an observation that the
petitioner may renew his prayer for bail on
completion of one year in judicial custody.
Learned counsel for the petitioner
submits that the petitioner is in judicial custody
since 23.12.2009 and has already remained in
judicial custody for more than one year.
In the aforesaid facts and
circumstances, the above named petitioner is
directed to be released of bail on furnishing bail
bond of Rs.10,000/-(ten thousand) with two
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sureties of like amount each in connection with
Darbhanga Sadar P.S. Case No. 362 of 2009
dated 18.12.2009 corresponding to G.R. No. 3354
of 2009 giving rise to S.T. No. 310 of 2010 to the
satisfaction of learned 4th Additional District and
Session Judge, Darbhanga, subject to the
conditions: (a) that one of the bailors must be a
government servant or close family member or
relation of the petitioner, who will file an affidavit in
the court below showing his/her relationship with
the petitioner, (b) If the petitioner is found involved
in same and similar nature of cases in future, then
in that cases the informant/prosecution shall be at
liberty to file a petition for cancellation of the bail
of the petitioner, and if such a petition is filed, the
court below would be obliged to dispose of the
same in accordance with law after giving
opportunity of hearing to all concerned, (c) the
petitioner shall make regular pairvi in the court
below in the present case either by appearing
himself in person or through representation by his
lawyer on each and every date, and if on two
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consecutive dates petitioner fails to make pairvi,
then the court below shall at liberty to cancel the
bail bond of the petitioner.
( Birendra Prasad Verma, J.)
Anjani/