IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10863 of 2011
Raja Prasad @ Raja Gope, S/o Late Ram Udit @ Udit Singh.
Versus
The State of Bihar
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04. 16.08.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offences under Sections 447, 307 and 384/34 of the
Indian Penal Code.
The petitioner was refused bail by order dated
03.08.2010 since there was allegation against him of
having fired at the informant on the head. The petitioner
has renewed his prayer for bail on the ground that he is in
custody since 22.12.2009 and even though charges have
been framed not a single witness has been examined by
the prosecution. A report was called for from the Trial
Court which reveals that on 12.01.2011 charges were
framed against the accused persons but no witness has
turned up before the Court as yet.
In view of such, 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 2nd Additional Sessions Judge, Hilsa,
Nalanda in connection with S.Tr. No. 256 of 2010 arising
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out of Hilsa P.S. Case No. 447 of 2009 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
and the other bailor shall be the son of the petitioner
namely Srikant Prasad. The bailor will also undertake to
inform the 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 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.
The Trial Court is directed to send a list of
witnesses fixing specific dates to the S.P. Nalanda along
with the copy of this order who will ensure the attendance
of the witnesses on the said dates so that there is no
further delay in trial.
Vikash/- (Anjana Prakash, J.)