IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.22657 of 2010
RAM NATH CHOUPAL, son of Sri Kari Choupal
Versus
STATE OF BIHAR
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3/ 05.10.2010 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Sections 302 and 379/34 of the Indian
Penal Code.
Considering that the only material against the
petitioner is confessional statement of the co-accused
and that he was last seen with the deceased, let the
petitioner above named, who is in custody since
06.02.2010, 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 Chief Judicial
Magistrate, Darbhanga in connection with Baheri P.S.
Case No. 24 of 2010, 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
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furnish information to the Court about any change 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 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 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, and (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.
Ashwini/ ( Anjana Prakash, J. )