High Court Patna High Court - Orders

Rajesh Kumar @ Chitkabra vs The State Of Bihar on 25 October, 2010

Patna High Court – Orders
Rajesh Kumar @ Chitkabra vs The State Of Bihar on 25 October, 2010
          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Cr.Misc. No.25552 of 2010
              SATYENDRA YADAV, son of late Sukhdeo
                               Versus
                        STATE OF BIHAR
                                 with
                     Cr.Misc. No.20930 of 2010
        RAJESH KUMAR @ CHITKABRA, son of Late Ramdeo Das
                               Versus
                      THE STATE OF BIHAR
                              -----------

4/ 25.10.2010 Heard learned Counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offence 302/34 of the Indian Penal Code and 27 of

the Arms Act.

It has been submitted that the petitioners are not

named in the First Information Report and subsequently

some witnesses stated that the deceased had been called

away by the petitioners thereafter he was shot dead. The

petitioner Satyendra Yadav name has transpired in the

confessional statement of the co-accused that he was the

person who shot dead the deceased.

Considering that there is no direct material

against the petitioners and also that the petitioners have

no criminal antecedent, let the petitioners above named,
2

be released on bail on furnishing bail bond of Rs.5,000/-

(Five thousand) each with two sureties of the like

amount each or any other surety to be fixed by the court

concerned to the satisfaction of Chief Judicial

Magistrate, Gaya in connection with Chandauti P. S.

Case No.149 of 2009, subject to the conditions, (i) That

one of the bailor will be a close relative of the petitioners

who will give an affidavit giving genealogy as to how he

is related with the petitioners and the other bailor shall be

the brother/wife/son of the petitioners. The bailor will

undertake to furnish information to the Court about any

change in address of the petitioners. (ii) That the bailor

shall also state on affidavit that he will inform the court

concerned if the petitioners are implicated in any other

case of similar nature after their 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, (iii) That the petitioners will give an

undertaking that they will receive the police papers on

the given date and be present on date fixed for charge

and if they fail to do so on two given dates and delays

the trial in any manner, their bail will be liable to be
3

cancelled for reasons of misuse, and (iv) That the

petitioners will be well represented on each date if they

fail to do so on two consecutive dates, their bail will be

liable to be cancelled.

Ashwini/-                                 ( Anjana Prakash, J. )